DUKE UNIVERSITY LIBRARY 
DURHAM, N. C. 


COLLECTIONS 


OF THE 


ILLINOIS STATE HISTORICAL 
LIBRARY 


See 


EDITED BY 
CLARENCE WALWORTH ALVORD 
UNIVERSITY OF ILLINOIS 


VOLUME XIil 


SONSTITUTIONAL 


VOLUME 1 


ILLINOIS ~ 
“STATE HISTORICAL LIBRARY 


BOARD OF TRUSTEES 


- Bvants BoutvELL GaeeNE, President 
CHARLES Henry RAMMELKAMP, Vice-President 
Orro LEoPoLp Scumint, Secretary 


- Jesste Parser Wener, Librarian 


ADVISORY COMMISSION 


Evarts BouTeLL GREENE 
Witr1am Epwarp Dopp 
_ JAMES ALTON JAMES 
ANDREW CunyincHam McLaventin 
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_ Cartes Henry RaMMELKAMP 
CLARENCE Watworta Atvorp, ex officio 


COLLECTIONS OF THE ILLINOIS STATE HISTORICAL LIBRARY 
VOLUME XIilI 


CONSTITUTIONAL SERIES, VOLUME I 


ILLINOIS CONSTITUTIONS 


EDITED BY 
EMIL JOSEPH VERLIE 


LEGISLATIVE REFERENCE BUREAU OF ILLINOIS 


93430 


PUBLISHED BY THE TRUSTEES OF THE 
ILLINOIS STATE HISTORICAL LIBRARY 
SPRINGFIELD, ILLINOIS 


1919 


Bee Fe ee OCS Comrie, 10M: 
hee a BY A 
THE ILLINOIS STaTE HISTORICAL 


ItLinois StaTE JourNaL Co., Starp PRINTERS — 
Bin ’ SPRINGFIELD, ILL. at mah 
1/91 9) 


3 12716—3M 


PREFACE 


The more important acts of congress relating to the 
government of the territory now comprising the state of 
Illinois and the organic or fundamental laws adopted by 
the state after its admission to the union have never been 
published in one compact volume. In view of the fact that 
the people of the state of Illinois, on November 5, 1918, 
cast their votes in favor of calling a constitutional con- 
vention, it seems desirable that such a volume should be 
published. The purpose of this publication is to make the 
acts of congress providing for the government of the terri- 
tory now embraced within the state of Illinois, the Ordi- 
nance of 1818, and the three state constitutions more 
accessible to those who wish to acquaint themselves with 
the provisions of these documents. This volume, however, 
does not contain all the acts of congress relating to the 
government of the territory now constituting the state of 
Illinois. Only the more important of these acts are re- 
printed. 

The acts of congress as they appear in this volume have 
not been compared with the original instruments. A com- 
parison has been made, however, with the acts as they 
appear in the official compilations of the statutes of the 
United States. The origina] manuscripts of the Ordinance 
of August 26, 1818, and the three [llinois constitutions are 
on file in the office of the secretary of state and the texts of 
these documents as they appear in this volume have been 
compared with the original manuscripts. The amendments 
to the Constitution of 1870 have also been compared with 
the official texts on file in the office of the secretary of 


state. 
iii 


43430 


iv ILLINOIS HISTORICAL COLLECTIONS 


Many of the provisions of the constitutions of 1818, 
1848, and 1870 have been construed and applied by the 
supreme court of this state. It seems desirable that the 
decisions of the supreme court interpreting the provisions 
of the three state constitutions should be noted. Each of 
the three constitutions is divided into articles and sections. 
Under each section as it appears in this compilation there 
are set forth the supreme court decisions which construe 
or apply that provision. No attempt is made, however, to 
list all the decisions of the supreme court bearing on con- 
stitutional questions.. Only those cases which are deemed 
leading cases in the construction and application of the 
provisions of the three state constitutions are cited. In 
making the annotation of cases volumes 1 to 281, inclusive, 
of the Illinois supreme court Reports have been consulted. 

A full and complete index to the Constitution of 1870 
has been prepared. It has not been deemed necessary, 
however, to index the constitutions of 1818 and 1848, since 
the table of contents will serve for that purpose. Obvyi- 
ously, the present constitution will be consulted more 
frequently than the two preceding constitutions. 

A brief account of the constitutional history of Illinois 
has been added for the convenience of the reader. For 
assistance in this work I wish to express my indebtedness 
to the editor-in-chief, Clarence W. Alvord, and his assist- 
ants, Miss Ruth E. Hodsdon, Miss Leila O. White, and 
Miss Margaret Doherty. 

In the preparation of this volume I have received many 
valuable suggestions from Major W. F. Dodd, Secretary 
of the Legislative Reference Bureau. 

EMIL JOSEPH VERLIE 

SPRINGFIELD, ILLINOIS 

January, 1919 


TABLE OF CONTENTS 


HISTORY OF THE CONSTITUTIONS...........c0eccceees xvii 


PIUDINANCE OF EIST 2050 oo cena ee ds SAUSAGES 


Sections: 1. temporary government; 2. rules of inheritance, 
dower, wills, conveyances; 3. governor; 4. secretary-judges; 5. 
laws; 6. militia officers; 7. civil officers; 8. territorial subdi- 
visions, counties, townships; 9. general assembly, eligibility 
of representatives; 10. representatives, term of office, vacan- 
cies; 11. general assembly, legislative council, veto; 12. oath 
of office, delegates to congress; 13. purpose of ordinance; 14. 
articles of compact. 

Articles: I. religious liberty; II. civil rights; III. education, 
civil rights of Indians; IV. territory to remain a part of the 
United States, federal debts, taxation, navigable waters; V. 
formation of states from territory; VI. slavery. 


ACT oF ConeREss, MAy 7, 1800......... GR a ONE 


Sections: 1. Indiana territory created; 2. government of Indiana 
territory; 3. officers of Indiana territory; 4. general assembly 
of Indiana territory; 5. effect of this act with respect to 
northwest territory; 6. seats of government. 


ACT OF CONGRESS, FEBRUARY 3, 1809.................. 
Sections: 1. Illinois territory created; 2. government of Illinois 
territory; 3. officers of Illinois territory; 4. general assembly 
of Illinois territory; 5. effect of this act with respect to In- 
diana territory; 6. effect of this act as to legal proceedings 
already instituted; 7. effect of this act as to taxes already 

due; 8. seat of government. 


ew Or CONGRESS, APRI 18, ESUS ig. Ge eh eee 

Sections: 1. Illinois territory authorized to be formed into a 

state; 2. boundaries; 3. delegates to convention; 4. duties 

and powers of convention; 5. representation in congress; 6. 

propositions offered by the United States to be accepted or 
rejected by convention; 7. additions to Michigan territory. 


Vv 


12 


15 


v1 CONTENTS 


ORDINANCE OF 1818, 02/26 0) ee eee ose ie 
Propositions offered by the United States accepted. 

CONSTITUTION OF F818 i. ea ee ae 
Preamble, boundaries |). 3) aioe cic koe eee Pa ESS 25 
Article I. Distribution: of -powers: 0.3. )) ce eee 26 


Sections: 1. distribution of Powers; 2. independence of de- 
partments of government. 
Article Il.- Legislative department... 00.420. 329 ee 26 
Sections: 1. general assembly; 2. elections; 3. eligibility of 
of representatives; 4. terms of senators, election; 5. num- 
ber of senators and representatives; 6. eligibility of sena- 
tors; 7. general rules, quorum; 8. journals; 9. protest; 
10. rules of procedure, expulsion; 11. vacancies; 12. privi- 
leges of members; 13. power to punish for contempt; 14. 
open sessions, adjournments; 15. origin of bills; 16. read- 
ing and passage of bills; 17. style of laws; 18. salaries of 
governor and secretary of state; 19. disabilities of mem- 
bers; 20. appropriations; 21. statement of expenses; 22. 
proceedings on impeachment; 23. impeachment of civil 
Officers; 24. time of meeting; 25. eligibility; 26. oath of 
office; 27. suffrage, qualifications of voters; 28. viva voce 
voting; 29. privileges of electors; 30. exclusion from 
suffrage; 31. census; 32. revenue bills. 
Article III. Executive ‘department. ...).. 0.052. 0. see 31 
Sections: 1. governor; 2. election; 3. term of office, eligi- 
bility; 4. duties; 5. reprieves, pardons; 6. salary; 7. DOW- 
ers; 8. appointments to fill vacancies; 9. special sessions 
of general assembly; 10. commander-in-chief of army and 
navy; 11. sheriff and coroner, election; 12. power to pro- 
rogue general assembly; 13. Heutenant governor, elec- 
tion; 14. speaker of senate; 15. vacancy in office of lieu- 
tenant governor; 16. salary of lieutenant governor; 17. 
absence of lieutenant governor; 18. powers of lieutenant 
governor; 19. council of revision, veto; 20. secretary of 
state; 21. state treasurer, public printer; 22. appoint- 
ments. i 
Article IV. Judica]l department y.....0..0., 2.2 fee 35 
Sections: 1. supreme court, other courts; 2. supreme court, 
jurisdiction; 3. supreme court, number of judges; 4. 
judges appointed by general assembly, term of office; 5. 
removal of judges, salaries; 6. clerks appointed by judges; 
7. process, prosecutions; 8. justices of the peace. 


CONTENTS . vil 


PREIS Mr WNIT IAEA Na yetaiks che caren oo aecealntcn sy bia Soa esatalers kiaia a aun sche, etytas ere 37 
Sections: 1. persons liable to duty; 2. exemptions from 
duty; 3. regimental officers; 4. generals; 5. commissions 
of officers; 6. privileged from arrest. 
PREERCIET OM LITA MOEY: Viele aioluncrssasiotevslere a olnianel Seats Graken cyuw le Mellel aes erd 38 
Sections: 1. introduction of slavery hereafter forbidden; 2. 
introduction of slaves from other states; 3. contracts for 


service. 
Article VII. Amendments to constitution.................... 39 
Section: 1. constitutional convention. 
AT UICI OE Eley, MEXLI CC Oi RTS INUS yrs ill aiel/are ie creieiae ahsbuth tanec S atetencic te 39 


Sections: 1. inherent and inalienable rights; 2. power in- 
herent in people; 3. religious freedom; 4. religious tests 
forbidden; 5. elections to be free and equal; 6. right of 
trial by jury; 7. unreasonable searches and Seizures; 8. 
due process of law, common lands; 9. rights of persons 
accused of crime; 10. indictable offenses; 11. jeopardy, 
eminent domain; 12. protection of the laws; 13. bail, 
writ of habeas corpus; 14, penalties; 15. imprisonment for 
debt; 16. ex post facto laws, corruption of blood, for- 
feiture of estate; 17. banishment from state; 18. funda- 
mental principles; 19. right of assembly and petition; 20. 
taxation by valuation; 21. banks; 22. freedom of speech; 
23. prosecutions for libel. 

SCLELECGUG TUNE ASMP IS apa AP TF TPS cal SEAS Lae A PMR RHE NCR IAG LPN, Ne 43 

Sections: 1. saving clause; 2. penalties, forfeitures, official 
bonds; 3. eligibility of sheriff or collector to other office; 
4. county commissioners; 5. territorial officers continued 
in Office; 6. state seal; 7. oath of office; 8. apportionment 
for members of general assembly; 9. election of state offi- 
cers; 10. auditor, attorney-general; 11. duels; 12. qualifi- 
cations of voters at election in September, 1818; 13. seat 
of government; 14. eligibility to office of lieutenant gov- 


ernor. 

MaNSTIRUTION OF TBAB. oS COOL eae sce ks Bae es . ot 
PERE TIUBLG | ar gaa Gia) Nata tee aes feces elas Ci Rie Ua ey Re Tae MRA Clee 51 
PeRGele (EO MSGUN dares mehr 8e kha a eae lathes Dan ERY MMS 51 

Section: 1. boundaries. 
APLICLS Ley) < DISLPIBU LOM. Oly BOW EES SAG eo vbe Sheds Wine hale oe aoe 52 


Sections: 1. distribution of powers; 2. independence of de- 
partments of government. 


viii CONTENTS 


Article III. Legislative department....................-eee0% 52 

Sections: 1. general assembly; 2. elections; 3. eligibility of 
representatives; 4. eligibility of senators; 5. terms of sen- 
ators, election; 6. number of senators and representa- 
tives; 7. disabilities of members; 8. census; 9. senatorial 
and representative districts; 10. population of districts; 
11. sessions of general assembly; 12. general rules, 
quorum; 13. journals; 14. protest; 15. rules of procedure, 
expulsion; 16. vacancies; 17. privileges of members; 18. 
power to punish for contempt; 19. open sessions, ad- 
journments; 20. style of laws; 21. origin and passage of 
bills; 22. appropriations; 23. reading, title; 24. pay and 
mileage of members; 25. pay and Mileage certified by 
speakers; 26. payment of money, statement of expenses; 
27. proceedings on impeachment; 28. officers liable to im- 
peachment; 29. eligibility to general assembly; 30. oath 
of office; 31. disqualifications for office; 32. divorces; 33. 
extra compensation; 34. suits against state; 35. lotteries, 
state bank; 36. sale of lands; 37. ordinary expenses, 
casual deficits, appropriations limited; 38. credit of state 
not to be loaned; 39. fuel, stationery, and printing; 40. 
apportionment for members of general assembly; 41. 
canvass of votes. 


Article IV. Executive department............ 2. cee 66 

Sections: 1. governor; 2. election; 3. term of office; 4. eligi- 
bility; 5. residence, salary; 6. oath of office; 7. duties; 8. 
reprieves, commutations, pardons; 9. powers; 10. special 
sessions of general assembly; 11. commander-in-chief of 
army and navy; 12. appointments; 13. power to prorogue 
general assembly; 14. lieutenant governor, election; 15. 
speaker of senate; 16. vacancy in office of lieutenant SO0v- 
ernor; 17. salary of lieutenant governor; 18. absence Of 
lieutenant governor; 19. death of governor and lieutenant 
governor; 20. powers of lieutenant governor; 21. veto; 
22. secretary of state; 23. auditor of public accounts; 24. 
state treasurer; 25. grants and commissions; 26. officers 
liable to impeachment. 

Article V. Judiciary department. .$!2.2. 00.4.2. eee fee Te 

Sections: 1. courts established; 2. supreme court; 3. grand 
divisions; 4. term of office, chief justice; 5. jurisdiction; 
6. terms of supreme court; 7. circuit courts, circuit 
judges; 8. terms of circuit court; 9. vacancies, supreme 
and circuit courts; 10. salaries of judges; 11. eligibility 


CONTENTS 


of judges; 12. removal of judges; 13. first election of 
judges; 14. election of supreme court judges; 15. election 
of circuit court judges; 16. county courts; 17. county 
judge; 18. jurisdiction of county court; 19. county busi- 
ness, justices of the peace, clerk of county court, clerk 
of circuit court, recorder; 20. salary of county judge; 21. 
clerks of supreme and circuit courts, state’s attorneys; 
22. judicial officers commissioned by governor; 23. elec- 
tion of judicial officers, vacancies; 24. appeals; 25, re- 
moval of county officers; 26. process, prosecutions; 27. 
justices of the peace; 28. state’s attorneys; 29. clerk of 
circuit court, clerks of the supreme court; 30. counties 
comprising grand divisions; 31. term of supreme court 
in each grand division; 32. appeals and writs of error; 
33. alteration of judicial districts. 


RTE CMA Ls HEINE E NY er cieltavce sais aichalclevele w eis slletereseleleiatavelerateve ealerdions 
Sections: 1. qualifications of voters; 2. ballot; 3. privileges 
of electors; 4. militia duty on days of election; 5. resi- 
dence; 6. persons in military service of United States; 
7. qualifications for office; 8. exclusion from suffrage; 9. 
date of general elections. 
PANTER LOM Li Lay 1) ONDUETLETOS, hot Sen c AR TESS US USEC aera Neus leet ONAN 
Sections: 1. new counties; 2. division of counties; 3. failure 
to organize territory stricken off; 4. attaching or detach- 
ing territory; 5. removal of county seats; 6. township or- 
ganization; 7. sheriff. 
PRETLCLO) WD. ivAVIGE thats 6 cts oye cic Weeds ie ain ee) sielets TEA CASNeRSy eisnoy REM Sune at 
Sections: 1. persons liable to duty; 2. exemption from duty; 
3. regimental officers; 4. generals; 5. commissions of offi- 
cers; 6. privileged from arrest. 
Article 1X. Revenue ......... EET RPA ALE te, tian Hie age) eg ERS RS 
Sections: 1. capitation or poll tax; 2. taxation by valuation, 
uniformity; 3. exemptions; 4. sale of real property for 
taxes; 5. municipal taxation, uniformity; 6. taxation of 
other subjects or objects. 
PUTER OWING iy COLPOLALIOUS! 5 clays seule ainda ya rie lal srara ale lnedareieuatakeree nets ahaa 
Sections: 1. organization of corporations; 2. dues from cor- 
porations; 3. state bank; 4. banks, individual liability of 
stockholders; 5. laws authorizing banking corporations 
to be submitted to voters; 6. internal improvements. 
PEUTIC XU INNS COMMONS fale clecaic co mier utes eis tos wie abel aia wins Slatorsatiolatere ai siola 


Article XII. Amendments to constitution.................... 
Sections: 1. convention; 2. proposals by general assembly. 


ix 


78 


79 


80 


81 


84 


85 
85 


x CONTENTS 


Article XTIT. Bill cof. rights. ss ec) eAs Sat elo ale 86 
Sections: 1. inherent and inalienable rights; 2. power in- 

herent in people; 38. religious freedom; 4. religious tests 
forbidden; 5. elections to be free and equal; 6. right of 
trial by jury; 7. unreasonable searches and seizures; 8. 
due process of law; 9. rights of persons accused of crime; 
10. indictments, grand jury; 11. jeopardy, eminent do- 
main; 12. protection of the laws; 18. bail, writ of habeas 
corpus; 14. penalties; 15. imprisonment for debt; 16. 
slavery; 17. ex post facto laws, corruption of blood, for- 
feiture of estate; 18. banishment from state; 19. funda- 
mental principles; 20. military subordinate to Civil 
power; 21. right of assembly and petition; 22. quartering 
of soldiers; 28. freedom of speech; 24. prosecutions for 
libel; 25. duels; 26. oath of office. 

Schedule. scr. Bee AGM Inge rel eb oie] wie ole’ eve (Yet NaN ate ee 91 

Sections: 1. saving clause; 2. fines, forfeitures; 3. Official 

bonds; 4. article xt in force without submission to people; 
5. judicial elections; 6. county commissioners’ courts con- 
tinued; % clerks of supreme court; 8. duties of sheriffs 
and state’s attorneys; 9. oath of office; 10. submission Of 
constitution; 11. persons entitled to vote for or against 
constitution; 12. poll books; 13. canvass of votes; 14. 
writs of election; 15. voting by ballot; 16. election of state 
officers; 17. election returns; 18. English language; 19. 
terms of office of judges, state’s attorneys and clerks; 20. 
jurisdiction of supreme court; 21. county courts of Cook 
and Jo Daviess counties continued; 22. terms of Supreme 
court; 23. apprenticeship of minors; 24. duty of general 
assembly; 25. contested judicial elections; 26. trial of 
contested judicial elections. ; 

Article XIV... Negroes’) Oa. 2 a 99 


Article XV... Two mill’ taxes sienicc co wees oe ciclo ee ee eM? 
CONSTITUTION OF 1870. 2.0 SE oe ee ene eee 
Preamble: 3 eda ie ale ens coo etal way Selec tiara Oo: tienen 103 
Article I. -Boundaries.coec+5 S).foa sak. os he eee 103 
Article -I1.; Bill. of ‘rightsv.4 Jesse ea ee 104 


Sections: 1. inherent and inalienable rights; 2. due pro- 
cess of law; 3. religious freedom; 4. freedom of speech, 
libel; 5. right of trial by jury; 6. unreasonable searches 
and seizures; 7. bail, writ of habeas corpus; 8. indict- 
ment, grand jury; 9. rights of persons accused of crime; 


CONTENTS 


10. self incrimination, jeopardy; 11. penalties, corruption 
of blood, forfeiture of estate; 12. imprisonment for debt; 
13. eminent domain; 14. ex post facto laws, contracts, 
irrevocable grants; 15. military subordinate to civil 
power; 16. quartering of soldiers; 17. right of assembly 
and petition; 18. elections to be free and equal; 19. pro- 
tection of the laws; 20. fundamental principles. 

Article III. Distribution of powers....................e ee eee 


Article DV.) Luegislative:departiment 052). dis) os eles siete ele aie ota ial e 109 


Sections: 1. general assembly; 2. elections, vacancies; 3. 
eligibility; 4. disqualifications; 5. oath of office; 6. sena- 
torial apportionment; 7 and 8. minority representation; 9. 
time of meeting, general rules; 10. open sessions, adjourn- 
ments, journals, protests; 11. style of laws; 12. origin and 
passage of bills; 13. reading, printing, title, amendments; 
14, privileges of members; 15. disability of members; 16. 
appropriations; 17. payment of money, statement of ex- 
penses; 18. ordinary expenses, casual deficits, appropria- 
tions limited; 19. extra compensation or allowance; 20. 

' public credit not to be loaned; 21. pay and mileage of 
members; 22. special legislation prohibited; 23. no power 
to release obligations to state; 24. proceedings on im- 
peachment; 25. fuel, stationery, and printing; 26. state 
not to be sued; 27. lotteries and gift enterprises; 28. 
terms of office not to be extended; 29. protection of 
miners; 30. roads, public and private; 31. drainage; 32. 
homestead and exemption laws; 33. completion of the 
state house; 34. special legislation for Chicago permitted. 

Article Ve “Hxecutiye ‘departmemt or csi ciel) Pylele clevels sla aera, sland 

Sections: 1. executive department, officers; 2. state treas- 
urer; 3. time of electing state officers; 4. returns, tie, con- 
tested election; 5. eligibility; 6. governor, powers and 
duties; 7. his message and statement; 8. special sessions 
of general assembly; 9. power to prorogue general as- 
sembly; 10. appointments; 11. vacancies; 12. power to 
remove officers; 13. reprieves, commutations, pardons; 
14. commander-in-chief of army and navy; 15. impeach- 
ment of officers; 16. veto power; 17. lieutenant governor; 
18. president of the senate; 19. vacancy in office of lieu- 
tenant governor; 20. vacancy in other state offices; 21. 
report of the state officers; 22. great seal of Illinois; 23. 
fees and salaries; 24. “office” and “employment” defined; 
25. oath of civil officers. 

—2HC 


Article X. Counties 


CONTENTS 


Article VI.. Judical department:.. 22.2. oa. cee renee 132 
Sections: 1. courts established; 2. supreme court, jurisdic- 


tion; 3. qualifications of supreme judges; 4. terms of the 
supreme court; 5. grand divisions, districts; 6. election 
of supreme judges; 7. salaries of the supreme judges; 8. 
appeals and writs of error; 9. reporter; 10. clerks of the 
supreme court; 11. appellate courts authorized; 12. cir- 
cuit courts, jurisdiction; 13. judicial circuits; 14. time 
of holding circuit courts; 15. increase in number of cir- 
cuit judges; 16. salaries of the circuit judges; 17. quali- 
fications of judges and county commissioners; 18. county 


judges, county clerks; 19. appeals from county courts; — 


20. probate courts authorized; 21. justices of the peace 
and constables; 22. state’s attorneys; 23. Cook county 
courts of record; 24. powers of Cook county judges, chief 
justice; 25. salaries of Cook county judges and state’s 
attorney; 26. criminal court of Cook county; 27. clerks of 
Cook county courts; 28. justices of the peace in Chicago; 
29. uniformity of laws relating to courts; 30. removal of 
judges; 31. written reports to governor; 32. terms of Office, 
vacancies; 33. process, prosecutions, population. 


Article VII: Suffrage 2 ..s.)5 chek Ces oboe tees Cee 143 
Sections: 1. qualifications of voters; 2. ballot; 3. privileges 


of electors; 4. residence; 5. persons in military service 
of United States; 6. qualifications for office; 7. exclusion 
from suffrage. 


Article. VIIT.) Hducation i. 0 eae oa eee ae ea .- 144 
Sections: 1. free schools; 2. gifts or grants in aid of schools; 


3. aid to sectarian schools prohibited; 4. sale of text- 
books, teachers and officers not to be interested in; 5. 
county superintendent of schools. 


Article IX. Revenue | 2... ice tccis ce ene Oats cco oe 145 
Sections: 1. taxation by valuation, uniformity; 2. taxation of 


other subjects or objects; 3. exemptions; 4. sale of real 
property for taxes; 5. right of redemption; 6. release 
from taxation forbidden; 7. taxes to be paid into state 
treasury; 8. limitation on county taxes; 9. special assess- 


ment and special taxation; 10. municipal taxation, uni- — 


formity; 11. defaulting officers; 12. limitation of municipal 
indebtedness; 13. World’s Columbian Exposition. 


taching or detaching territory; 4. removal of county seat; 


Bc aharreie Re Ea Ces aside ob nie'e wie alekels sa eeei oe 
Sections: 1. new counties; 2. division of counties; 3. at- 


CONTENTS xili 


5. county government, township organization; 6. boards 
of county commissioners; 7. county affairs in Cook 
county; 8. county officers, terms of office; 9. salaries and 
fees in Cook county; 10. salaries fixed by county board; 
11. fees of township officers; 12. fees of state, county, and 
township officers; 13. verified report of fees. 
EE CLEY NL ve OL DON ACIONIG! iid euccoaekne oye cinl a ichedene alaileycteeaesreve ane eh ahamiey ele 156 
Sections: 1. organization of corporations; 2. existing chart- 
ers; 3. election of directors or managers; 4. street rail- 
roads; 5. state bank forbidden, laws authorizing banking 
corporations to be general and ineffective unless ratified 
by voters; 6. individual responsibility of stockholders; 7. 
specie payment; 8. provisions to be contained in a gen- 
eral banking law; 9. railroads, transfer offices, reports; 
10. personal property of railroads, rolling stock; 11. con- 
solidations; 12. railroads deemed highways, rates fixed; 
13. stocks, bonds, and dividends; 14. eminent domain; 15. 
discrimination and extortion in freight and passenger 
rates. 
PASTE CLO ee Marys VERDE eh suizs sess tah cl aniny clebics alle katte fo. a heepieracase be beats) evel cree leis ietaber snake 160 
Sections: 1. persons liable to duty; 2. organization, equip- 
ment, discipline; 3. officers; 4. privileged from arrest; 5. 
records, banners, relics; 6. exemption from duty. 
Article OXON. WrameMOuUs esi ieiel cites fo) elacsy'e (sere revaretele ous atanalaner at whasate love 161 
Sections: 1. public warehouses; 2. weekly statements; 3. 
examination of property stored; 4. delivery of full 
weights; 5. delivery of grain by railroads; 6. warehouse 
receipts; 7. grain inspection. 


Article XIV. Amendments to constitution................... 163 
Sections: 1. convention; 2. proposals by general assembly. 
Sections separately submitted... 0.0.0.0. 0.0 b ce. cee ee cee eee 164 
SCH OUTCM aepeas bruise Siete ci cares teat anny ayes! lata catie: ey aeeseca IAG iS aiak Sec ueee a ON aE Ze 167 


Sections: 1. saving clause; 2. fines, taxes, forfeitures; 3. 
official bonds, crimes; 4. county courts continued; 5. 
courts continued; 6. officials continued in office; 7. elec- 
tions for supreme and circuit court judges; 8. submission 

_ of constitution; 9. poll books, tally sheets; 10. ballots; 11. 
election returns; 12. constitution in force, when; 13. ap- 
portionment for representatives; 14. numbering of dis- 
tricts; 15. terms of senators; 16. legislative apportion- 
ment; 17. election of constitutional officers; 18. English 
language; 19. duty of general assembly; 20. circuit clerks, 
recorders; 21. salaries of judges of Cook county courts; 
22. circuit court of Lake county; 23. two mill tax abol- 


sae of constitution; 26. ee 
tution in immediate effect. _ 


TORY OF THE CONSTITUTIONS _ 


* 


RY ine 


ee 


THE CONSTITUTIONS OF ILLINOIS 


When in WaT s the state of Virginia ceded to the United 
States title in the County of [llinois, claimed by right of 
colonial charter as well as by conquest and possession, 
she turned over to the young nation no inchoate wilderness 
‘but a region which had been known for nearly a hundred 
years and which had, for almost as long, had a definite 
government as a part first of the French and then of the 
British empire. After her brief period of sovereignty, 
then, Virginia found it necessary, in ceding her claims 
to the federal government,* to specify the condition “that 
the French and Canadian inhabitants, and other settlers 
of the Kaskaskies, Saint Vincents, and the neighboring 
villages, who have professed themselves citizens of Vir- 
ginia, shall have their possessions and titles confirmed to 
them, and be protected in the enjoyment of their rights 
and liberties.”’ Thus was the past given its claim on the 
government of the region which was one day to become the 
state of Illinois. 

It was some little time before the United States under- 
took the formal organization of the country of the Illinois 
and the rest of the territory which constituted the national 
domain. Finally, on July 13, 1787, only shortly before 
the substitution of the United States constitution for the 
Articles of Confederation and Perpetual Union, congress 
passed an ordinance “for the government of the territory 

1FWor a full discussion of Virginia’s claim and cession, see Burke A. 
Hinsdale, The Old Northwest (New York, 1888), ch. 11, 12, 13. 

?Francis N. Thorpe (ed.), The Federal and State Constitutions, 
Colonial Charters, and other Organic Laws of the States, Territories, 
and Colonies now or heretofore forming the United States of America, 
7 v. (Washington, 1909), 2:956. 

Xvii 


xvii- ILLINOIS HISTORICAL COLLECTIONS 
of the United States northwest of the river Ohio.”* This 
act, upon which was based the whole system of American 
territorial organization, placed the government of the 
territory for the time being in the hands of a governor,@ 
secretary, and three judges, all to be appointed by congress. ay 
All civil officers and all militia officers below the rank of wt 
general officers were to be appointed by the governor. The 


governor and judges acting together in legislative capacity a 
were empowered to adopt such laws from the codes of the 
original states as they considered useful for the territory, —— 
As soon as there were as many as “five thousand freemale = 
inhabitants, of full age, in the district,’ however, this ) 
arrangement was to give way to one allowing the people My 
of the territory to participate in the government; the goy- — wh 


ernor was to be assisted by a legislature made up of repre- pie 
sentatives elected by the freeholders and a council of five — 
members selected by congress from ten nominated by the 
territorial house of representatives. This legislature was 
empowered to make laws not repugnant to the ordinance, By: 
subject to the governor’s absolute veto; and to elect, by 
joint ballot, a delegate to congress, with power to speak 
but not to vote. 

One provision of the ordinance proved a serious bone of 
contention in. the Illinois country: the famous “sixth ar- 
ticle” decreeing that “there shall be neither slavery nor 
involuntary servitude in the said territory, otherwise than 
in punishment of crimes, whereof the party shall have — 
been duly convicted.” This was in direct conflict with the . 
confirmation in their “possessions and titles’ guaranteed 
by the Virginia Act of Cession to the inhabitants of the © 
Illinois country, for many of them owned Negro slaves; ; 
accordingly the clause in the ordinance was interpreted 
to apply only to the future introduction of slaves. 

The government provided for by the ordinance was set 
in operation in 1788, with its seat at Marietta. Two years 


? Post, p. 1. 


THE CONSTITUTIONS OF ILLINOIS xix 


later the Illinois country was given local organization: 
the eastern half of the present state was included as part 
of “Knox county,” with its seat at Vincennes; the rest 
was formed into St. Clair county. Later, in 1795, this 
county was divided and the southern part was organized 
as Randolph county. 

By 1798 the “Northwest Territory” had the 5,000 free 
male inhabitants necessary to meet the requirement of the 
ordinance, and accordingly passed into the second grade 
of government, with a partially representative legislature 
and a delegate to congress. Almost immediately agitation 
began for a division of the enormous region comprising the 
territory, with the result that on May 7, 1800, congress 
detached the western part (approximately the modern 
states of Indiana, Illinois, Wisconsin, and the western 
half of Michigan) and constituted it Indiana territory, 
with its capital at Vincennes, and its government prac- 
tically a replica of that formulated by the Ordinance of 
1787.* 

By this time, naturally, there had developed much more 
political activity among the settlers than had been the case 
in the early days. Scarcely had Indiana territory started 
on its separate career than a faction of Illinois men, hos- 
tile to the governor and in favor of the repeal of the slavery 
prohibition, began to urge advance to the second grade in 
order to reduce the power of the governor and to secure a 
delegate to congress to press the issue of slavery.* Al- 
though Governor Harrison and his supporters exerted 
themselves promptly and effectually to suppress this move- 
ment, they, too, desired the removal of the slavery prohi- 
bition and presently resolved to take their chance with a 
legislature of wider powers such as could only be estab- 
lished with the transition to second grade. Though the 
other faction reversed its position and opposed the change, 

“Post, p. 9. 


°¥For a full discussion of this movement see Solon J. Buck, Illinois 
in 1818 (2nd. ed., Chicago, 1918), 184 ff. 


XX ILLINOIS HISTORICAL COLLECTIONS 


the returns of the election on September 11, 1804—held on 


very short notice and therefore alleged to be a snap vote 
—gave a very substantial majority in favor of the change. 


The new legislature fulfilled the hopes of the governor’s ~ 


faction by passing in 1803 an indenture act which coasted 
dangerously near, if it did not quite transgress, the irk- 
some “sixth article.” But the Illinois faction still was 
not content; its members wanted nothing less than definite 
repeal of the article, and they wanted to get more political 
control into their own hands. Accordingly they began a 
persistent campaign for the separation of the Mlinois 


country and for the repeal or temporary suspense of the : 
slavery prohibition, which they protested was seriously 


hampering the process of settlement. At length they suc- ‘A ty 


ceeded in electing a delegate to congress who was able to 
secure the passage of an act—on February 9, 1809—con- 
stituting Illinois a separate territory, with its western 


boundary the Mississippi river, its eastern “the Wabash © ee 


. river, and a direct line drawn from the said Wabash river 


and Post Vincennes due north, to the territorial line 7 


between the United States and Canada.’”® 


According to the usual practice, the Ordinance of 1787 © | 


was followed closely in prescribing the government of the 
new territory: authority was vested in a governor and 


three judges until such time as the governor was convinced 


a majority of the freeholders desired to advance to second ~ 


grade, when he was empowered to make the change without 
further ado. In April, 1812, an election indicated that 
Illinois was ready to take this step; but Governor Hdwards 
wisely delayed effecting the change until he had secured 
the passage of a law by congress extending the suffrage 
from freeholders to all free white males of twenty-one 
years who paid any county or territorial tax and who had 
had a year’s residence in the territory,’ and providing that 
°-POst, Dy 12. 


™This gave the right to vote to a large number of “squatters” who 
had settled on lands not yet surveyed for sale. 


THE CONSTITUTIONS OF ILLINOIS xxi 


the five councilors should be elected instead of appointed 
and that the delegate to congress also should be elected 
by the people, instead of by the legislature. Thanks to 
these radical changes, when on September 14, 1812, Gov- 
-ernor Edwards called for the first election to set in oper- 
ation the second-grade territorial government, Illinois 
could boast of having the most democratic form of gov- 
ernment of any territory in the United States at the time. 

Nevertheless, there was still a feeling of resentment 
against the governor’s absolute veto over the acts of the 
legislature as well as against his appointive power and 
other checks on the popular will. Repeated appeals to 
congress for redress bringing no results, it appeared that 
advance to statehood was the only way out of the “despo- 
tism” of territorial government, and leaders watched hope- 
fully the mounting numbers of immigrants. In November, 
1817, definite agitation for Illinois’ immediate admission 
to statehood was set on foot; and so expeditiously was the 
matter pressed that on January 238, 1818, the Illinois 
delegate laid before congress a memorial from the legis- 
lature of the territory asking that it be authorized to 
take the necessary steps preparatory to statehood; at the 
same time he introduced an enabling bill.* Congress did 
not take up the matter until April 4; in less than two 
weeks, however, the two houses reached an agreement on 
the final provisions, and the president signed the act on 
April 18, 1818. 

Following out these provisions, the voters of the territory 
elected delegates to a constitutional convention; and on 
August 3, 1818, there assembled at Kaskaskia the body 
which was to draw up the first organic law of the state of 
Illinois. Basing its work largely on the constitutions of 
New York, Kentucky, and Ohio, the drafting committee 
of the convention framed a brief instrument consisting of 
a preamble and eight articles, and after spending only 


® Buck, Illinois in 1818, p. 208 ff. 


xxii ILLINOIS HISTORICAL COLLECTIONS — 


twelve days discussing and modifying it the convention 
adopted it and adjourned on August 26. 
The convention’s work was not submitted to the voters _ 
for ratification but became operative with congress’ admis- — 
sion of Illinois to statehood on December 3, 1818. The it 
government it formulated observed the traditional Ameri- 
can principle of distribution of power among three depart- 
ments, legislative, executive, and judicial. The legislature 
was to be a bicameral assembly and to hold biennial ses- — 
sions; the executive power was vested in a governor. The i 
a was to consist of a supreme court and such lower _ 
courts as the legislature might establish; all judges and = Hem: 
justices were to be appointed by joint nanan of the legis- ; 
lature. Instead of giving the governor a veto powerasa _— 
check on the legislature, the constitution provided for a 
council of revision, which was to consist of “the judges 
of the supreme court or a major part of them together 
with the governor” having power to revise all bills and 
return those of which it disapproved, together with its 
objections, to the house where they originated. A wide 
suffrage was provided, all male inhabitants above twenty- 
one years of age whether citizens or aliens, being qualified f 
to vote after six months’ residence in the state. 
The framing of the article dealing with slavery produced pst 
more discussion that any other, for the convention was 
between two fires: on one hand was the necessity of avoid- — 
ing conflict with the Ordinance of 1787 prohibiting slavery fu 
and involuntary servitude; on the other, disinclination to — 
interfere with the property rights of those who owned ey 
slaves or who held indentured servants under the “evasive? = 
territorial law of 1803. The clause as finally adopted was ey 
designed to eliminate all forms of slavery and indenture _ 
gradually and so passed congress; but once Illinois had 
’ come into full statehood the proslavery elements began to 
nourish the hope of opening the door wide to slavery bya ak 
constitutional amendment. PH 
The Constitution of 1818 made such a procedure none 


THE CONSTITUTIONS OF ILLINOIS XX1il 


too easy. The vote of two-thirds of all the members elected 
to the general assembly was necessary to recommend to the 
voters the calling of a convention, and a majority of the 
electors must then vote in favor of the step before the legis- 
lature could proceed to order an election of delegates; if a 
convention was called, its work had to be ratified by popu- 
lar vote before going into effect. After a bitter struggle 
between the slavery and antislavery factions, the general 
assembly in 1824 voted to give the voters a chance to ex- 
press themselves on the subject of a convention, but popular 
sentiment failed to follow this lead; and on August 24, 
1824, the people voted to leave the constitution untouched. 
During the next twenty years, however, the state ex- 
panded so rapidly in population and in interests that the 
first simple constitution was hopelessly outgrown, and the 
need of a revision became too obvious to be ignored. After 
an abortive effort in 1842 to have a convention called, the 
assembly laid the matter before the voters in 1846, and 
this time public opinion was overwhelmingly in favor of 
the move. The convention met in June, 1847, and spent 
nearly three months devising a new instrument; the fol- 
lowing March its work was ratified. by a large majority of 
the voters; and on April 1, 1848, it became operative.° 
Broadly speaking, the trend of the changes made was 
in the direction of curtailing the powers of the legislature 
and enlarging those of the people. All state and county 
officers were now made elective, as were also the judges 
of the supreme court, who no longer served for life, but 
only for a stated term; further, the number of judges was 
fixed at three, this as a protest against the legislature’s 
abuses of its appointive power for partisan purposes.*° 


° Post, p. 51, n. 1; also John Moses, Illinois, Historical and Statistical, 
2 v. (Chicago, 1892), 2:553 ff. 

*In 1841, when the democrats were in control of the legislature, 
three of the four justices of the supreme court were whigs; the general 
assembly therefore made use of its power to increase the number of 
justices by appointing five new judges, all democrats. 


XxiV ILLINOIS HISTORICAL COLLECTIONS 


The number of representatives and state officers was re- 
duced, and the sessions of the assembly were practically 


limited to forty-two days by a provision for cutting the 


pay of the members in half after that length of time. 
Unrestrained by the constitution framed in the pioneer 
days of 1818 the legislatures of the twenties and thirties 
had brought the state to the verge of bankruptcy by creat- 
ing and giving credit to a succession of unsound state 
banks and by embarking recklessly on a scheme of internal 
improvements. On a grandiose scale the state had under- 
taken to equip the state with railroads and to give it a 
water connection from the Great Lakes to the Gulf of 
Mexico. The Illinois-Michigan canal finally surmounted 
a long series of tribulations and achieved some measure 
of the success of which its creators had dreamed; but the 
railroad scheme proved a disastrous fiasco. The state 
debt was piled so high it seemed it never could be paid off, 
and state credit was very seriously impaired. So hope- — 
less did the situation seem that there were suggestions of 
repudiating the whole debt, but such a course was for the 
time being averted in 1842 under the leadership of Goy- 
ernor Ford. 
Naturally, public opinion desired particularly that the 
convention of 1848 should make such disasters impossible 
in the future, and its expectations were fully met. The 


legislature henceforth could not contract debts for the — 


state in excess of $50,000, unless the voters ratified a 
specific law to that effect; and it was forbidden to grant 
the state’s credit in aid of any corporation or association. 
It was also forbidden to extend the charter of any state 
bank or other bank then existing, and any law passed by it 
in regard to the incorporation of banks had to be ratified 
by the voters before it could become effective. 

Not even in the matter of official salaries was the con- 
vention willing to trust the general assembly; instead it 
fixed the salaries of all state officers and judges in the 
constitution. To make it a matter of fundamental law 


THE CONSTITUTIONS OF ILLINOIS XXV 


. that the governor should receive an annual salary of $1,500, 
the supreme court judges $1,200, the state auditor $1,000, 
and the secretary of state and state treasurer each $800, 
was obviously absurd; even in those days of small things 
such sums were parsimonious, and in any case, no matter 
how great the need for economy, it was hazardous to make 
so inflexible the compensation of the officers of a rapidly 
growing commonwealth. 

In contradiction to the democratic nature of most of the 
changes made the new constitution restricted the existing 
franchise, requiring citizenship and a year’s residence in- 
stead of merely the six months’ residence stipulated in the 
old constitution. This of course meant the disfranchise 
ment of alien inhabitants and met with great opposition 
“on the part of the foreign elements in the state, particu- 
larly the Germans.** 

The desire for effective government prevailed over the 
old-time fear of a strong executive in so far as to do away 
with the cumbersome council of revision and to substitute 
in its stead a limited veto power for the governor. Amend- 
ment to the constitution, further, was made somewhat 
easier; under certain restrictions the general assembly 
might propose changes directly instead of calling a con- 
vention for the purpose, but such changes could not become 
effective until approved by the voters. 

One of the most significant changes was in the system 
of local government. The early settlers of the state had 
come from the south where the county was the unit. of 
local government and where there was no township organ- 
ization. The new settlers from the northern states, how- 
ever, were accustomed to some form of township govern- 
ment, and it was at their instigation that a provision was 
inserted in the new constitution directing the general 
assembly to enact a general law authorizing any county 
whose voters favored it to adopt the township system. 


4 Centennial History of Illinois, 2:408. 


XXV1 ILLINOIS HISTORICAL COLLECTIONS | 


Like its predecessor, the Constitution of 1848 made the “Tye 
mistake of failing to look far enough into the future. Its 
framers had neither the imagination to foresee the results 
of the tremendous changes in the state which were even 
then beginning nor the wisdom to make a flexible instru- 
ment capable of adapting itself to any new situation. By 
1860 the population of the state was more than double 
what it had been when the constitution was framed, and — 
industrially and socially it had made amazing progress. 


Two points in particular drew persistent fire, the fixed — “ 


salaries of state officers and the loopholes still left open 


for the passing of private and special laws. In spite of aml 


provision in the second constitution that a private or local 
law should deal with but one subject which “shall be ex- 
pressed in the title” and in spite of a stipulation that only 
general laws could be passed with reference to divorces, 
township organization, and the formation of corporations, 


the number of special laws mounted steadily; and in each — i 
session of the general assembly a large share of the time 


was given over to the consideration of private bills, often 
of the most trivial character, which came so thick and fast — 
that proper consideration of them was impossible. As the 
length of the sessions was limited, the pressure of business 
of this sort seriously hampered the consideration of public i 
measures, and many bills were delayed, ill-considered, or ea 
never considered at all. ath 


Such obvious evils, it might be supposed, would have _ fy 


required but little agitation to remedy; but during the — 


fifties people’s attention was being concentrated more and — ee 
more upon the slavery issue and the course of political 


events in the nation at large, and interest in state affairs i‘ 
flagged. In 1856 the general assembly submitted a pro- 
posal to call a constitutional convention, but the yoters — 


rejected it; and not until four years later was a new pro- pita 
posal made. This time the people ratified it, and accord- 
ingly in the latter part of 1861, seventy-five delegates were 


elected for a convention. 


THE CONSTITUTIONS OF ILLINOIS XXVIL 


The group which assembled at Springfield on January 
7, 1862, for the purpose of revising the constitution, how- 
ever, placed a most peculiar construction on its powers. 
Chosen on party lines in the first heated weeks of the 
war of secession, a clear majority of the members were 
democrats, and they could not resist interpreting their 
election as an expression of the people’s disapproval of the 
republicans and the republican methods in the conduct of 
the war. They were accordingly not content to stop with 
modifying the constitution along partisan lines—in par- 
ticular arranging an apportionment whereby the smaller 
southern counties, democratic, were given equal represen- 
tation with the larger republican counties in the north— 
but, assuming legislative powers, undertook to ratify a 
~ proposed amendment to the federal constitution, to redis- 
trict the state for congressional representatives, to issue 
bonds, and to promulgate ordinances and resolutions in- 
structing state officials; furthermore it even undertook to 
investigate and criticise Governor Yates’ administration, 
particularly with respect to military affairs, This last 
move, together with its delay in acting upon resolutions 
commemorating northern victories, brought upon the con- 
vention the charge of disloyalty; and all factors combined 
seriously to discredit the body in the eyes of a large part 
of the voters. Accordingly, although the constitution it 
framed in its three months’ session had much real merit, 
the instrument was rejected by an overwhelming majority 
of the voters.” 

The conditions which in the first place had led to the 
calling of the convention, however, became more and more 
intolerable. The special legislation evil in particular grew 
to alarming proportions, and with the rapid industrial 
development which came immediately after the war the 
objectionable feature of, fixed salaries became more and 

“Centennial History of Illinois, 3:268 ff.; Moses, Illinois, Historical 
and Statistical, 2:655 ff. 

Ha) H/C 


xxviii ILLINOIS HISTORICAL COLLECTIONS 


more absurd. Further, the need of reorganizing the judi- 
ciary had become acute, for the growth of the population 
and business had necessarily led to a marked increase in 


the amount of litigation to be disposed of by the courts. — 


The general assembly, had it chosen to exercise its con- 
stitutional power to establish additional circuit courts 
and to create prosecuting attorneys in each county, might 
have relieved the situation considerably; but it could not 
constitutionally add to the number of supreme court 


judges, and it was the supreme court that especially needed 


relief. 


As soon, then, as the cessation of war released people’s 


attention from the national events which had been absorb- 
ing it, a fresh attempt at constitutional revision was made. 
In 1867 the legislature adopted a resolution in favor of 


calling a convention; it was promptly ratified by the voters ~ 


and in November, 1869, eighty-five delegates were chosen 
to frame a new body of fundamental law. The convention 
assembled on December 13, 1869, and continued in session 
until May 18, 1870. In July its work was ratified by the 
voters and on August 8 went into force. Of the three 
constitutions under which the state has operated that of 
1870 has had the longest life, having, with few modifica- 
tions, continued as the organic law of the state up to the 
present year, 1918.** 


A more complex document in many ways, it improved — 


decidedly upon the Constitution: of 1848. The fixing of 
state salaries was made a matter of legislation, subject 
only to the limitation that the salary of no person in office 
should be affected during his term of service. The power 
of the general assembly to pass special laws was radically 
curbed, twenty-three specific subjects being removed from 
the field of possibility. 

The judicial system was reorganized by increasing both 


33 Wor an analysis of the operation of the state government under this 
constitution, see Centennial History of Illinois, 5:190 ff. 


THE CONSTITUTIONS OF ILLINOIS xxix 


the number of judges and the courts. The number of 
judges of the supreme court was increased to seven; 
appellate courts were authorized after the year 1874; the 
number of circuit courts and circuit court judges was in- 
creased; county courts for each county were established; 
probate courts were authorized in certain counties; state’s 
attorneys for each county instead of each judicial circuit 
were provided for; provision was made for the election of 
justices of the peace and police magistrates. Additional 
courts, furthermore, were provided for Cook county, where 
the rapidly growing city of Chicago was raising a host of 
special problems. 

The powers of the executive were extended in several 
ways, chiefly by the enlarging of the governor’s veto 
power. Whereas before a mere majority of the members 
of the general assembly could pass a bill over the chief 
executive’s veto, the new constitution required that two- 
thirds of all the members elected to each house should 
definitely record their votes in favor of such a vetoed bill 
before it could be effective. 

In an effort to break down the sectionalism which char- 
acterized Illinois politics, the convention introduced the 
innovation of “minority representation.” The southern 
counties, of southern sympathies and extraction, had long 
been solidly democratic; the northern and eastern counties 
of New England and New York extraction, were almost as 
solidly republican. To change this block alignment, the 
state was divided into fifty-one districts, each of which was 
entitled to elect one senator and three representatives; in 
the case of the election of the latter each voter was given 
three votes, which he might cumulate for a single candi- 
date or distribute among two or three candidates. In this 
way the electors of a minority party, casting more than 
one-fourth of the votes in a senatorial district, could by 
cumulating their votes make certain of electing one mem- 
ber to the lower house. 

The franchise, after a hot debate in the convention, was 


xxx ILLINOIS HISTORICAL COLLECTIONS 


given to citizens of the United States above the age of 
twenty-one years, to all electors in the state in 1848, and 
to all foreigners who had obtained a certificate of natur- 


alization prior to January 1, 1870; all, however, must 
fulfill a moderate residence requirement, one year in the 
state, ninety days in the county, and thirty days in the 
election district in which they cast their ballots. 


Two provisions reflected clearly the bitter experience of 


the state with the railroads. At the time, many counties 
and cities were facing financial disaster as the result of 
having purchased thousands of dollars worth of the capital — 
stock of railroad corporations which had subsequently — 
failed or had been sold out by the speculators who first 


organized them. The convention, therefore, deemed it wise — 


to forbid all counties, cities, and other municipalities to 
' become subscribers “to the capital stock of any railroad 
or private corporation” or to become indebted in excess 
of five per cent of the value of the taxable property within 
their territorial limits. 

The other provision was more startling in principle and 
dealt a more direct blow at the growing strength of cor- 
porate privilege in the state. Serious complaint had been 


made of the extortionate rates charged by the railroads, 


but the convention for some time hesitated to deal with the 


matter, doubting its competency to authorize legislative ae 


control and convinced that the only regulation ‘possible 
was by competition. Eventually, however, it came around ~ 


to another point of view and vested in the legislature the — 


power of regulating railroad rates. 
Like the Constitution of 1848, that of 1870 made possible 


% 
Wiha 
' 


its own amendment by a convention assembled at the man- — i 
date of the voters or by amendments proposed by the gen- 
eral assembly and ratified by the voters. A very serious — 


limitation was put upon the latter method, however, by 
the provision that no more than one article could be 


amended at one time nor any article oftener than once in ~ 


four years. The constitution thus made the same mistake — , 


THE CONSTITUTIONS OF ILLINOIS Xxxi 


both its predecessors had made of applying a well-nigh 
inflexible body of law, supposedly organic but in fact 
largely statutory, to a developing commonwealth whose 


_ leeds were constantly changing. Inevitably, the new con- 


stitution had hardly gone into effect before the cry for 


‘modifying it began to be heard. 


For two decades the general assembly was able by pro- 
posing separate amendments from time to time to satisfy 
the most insistent demands. In 1878 its proposal to give 
the drainage districts power to levy special assessments 
was made part of the constitution; in 1880 the voters rati- 
fied an amendment with reference to the election and terms 
of office of county officials; and in 1884 a much needed 
revision gave the governor power to veto items in appro- 
priation bills, instead of having to veto such bills in their 
entirety because of some single objectionable item. A 
fourth amendment, adopted in 1886, was designed to pre- 
vent the commissioners of the penitentiaries and reforma- 
tories from making contracts for the labor of the inmates 
of such institutions. 

Four years later, the article forbidding municipalities 
to contract debts in excess of five per cent of their taxable 
property was found to work a hardship on Chicago, which 
greatly desired to issue bonds in aid of the World’s 
Columbian Exposition but could not because its debt 
limit had already been reached. A constitutional amend- 
ment, therefore, relieved the situation by authorizing the — 
city to issue bonds up to five million dollars in excess of 
its ordinary debt. 

This series of amendments remedied as the most im- 
mediate and obvious deficiencies of the constitution, leay- 
ing many more fundamental problems untouched, so that 
by 1893, there was a feeling in many quarters that the 
constitution was a stumblingblock in the way of almost 
all reform. The need of a thorough revision of the revenue 
System and the judiciary seemed especially imperative; 
the framers of the constitution, furthermore, had never 


XXxii ILLINOIS HISTORICAL COLLECTIONS 


dreamed of the complexity of governing a city as large as 
Chicago had grown to be, and its provisions were con- 
stantly proving more and more inadequate for that munici- 
pality. Nevertheless, persistent agitation for a constitu- 
tional convention, carried on for a decade, proved fruitless: 
downstate jealousy of Chicago, the,opposition of the in- 
terests which were profiting from the status quo, and the 
natural conservatism of the mass of the people continued 
to foil repeated attempts to get a resolution calling a 
constitutional convention passed by the general assembly. 

By 1902 such efforts seem to have been practically given 
up as hopeless, and energy was directed rather to securing 
the passage of single amendments. Thus in 1903 the gen- 
eral assembly proposed and on November 8, 1904, the 
voters ratified an amendment permitting the legislature 
to pass local or special laws with reference to the “local 
municipal government . . . of Chicago,’ and modi- 
fying the constitutional provisions relating to the judici- 
ary of Cook county so that justices of the peace of the 
county should be limited in their jurisdiction to the terri- 
tory not embraced in the city of Chicago. 

A seventh amendment was proposed in 1907 and ratified 
November 3, 1908, which made an exception to the consti- 
tution’s provision that the legislature might never “loan 
the credit of the state or make appropriations from the 
treasury thereof, in aid of railroads or canals,” by author- 
izing the construction by the state of a canal from Lock- 
port to Utica. 

Experience has shown, however, that the passage even 
of single amendments under the Constitution of 1870 has 
been anything but easy. The technical obstacles in the 
way of securing a favorable vote, as has been pointed out, 
are considerable; and a further difficulty has arisen from 
the conflict between a number of groups each advocating 
a particular amendment as the amendment to be passed 
upon. Many amendments have failed to receive the two- 
thirds vote of the general assembly; and a number which 


THE CONSTITUTIONS OF ILLINOIS XXxill 


have been proposed by that body have failed of ratification 
not because of marked opposition to it, indicated by a 
majority of votes being against it, but because either the 
method of balloting or the indifference of the voters made 
it fail to receive the required “majority of all the votes cast 
at the election.” Since 1908, however, the most serious 
difficulty has been the multiplicity of demands for amend- 
ment: one organization has urged abolition of minority 
representation, another reorganization of the judiciary, 
another, short ballot, still others initiative and referen- 
dum, recall, woman suffrage, home rule for cities, revision 
of revenue, or easier amendment to the constitution, until 
the general assembly is overwhelmed and cannot be brought 
to take definitive action on any one proposal. 

All these difficulties in the way of piecemeal change met 
with increasingly serious protest, until the leaders of the 
state were persuaded that a constitutional convention had 
became “inevitable and indispensable if constitutional 
revision adequate to the needs of the state’ was to be 
made.** 


4 Centennial History of Illinois, 5:203. 


WS AND CONSTITUTIONS 


ORDINANCE OF 1787* 


AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE 
Unitep States NoRTHWEST OF THE RIVER OHIO? 


Section 1. Be it ordained by the United States in Congress 
assembled, That the said territory for the purpose of temporary 
government, be one district, subject, however, to be divided into 
two districts, as future circumstances may, in the opinion of 
Congress, make it expedient. 

Src..2. Be it ordained by the authority aforesaid, That the 
estates both of resident and non-resident proprietors in the said 
territory, dying intestate, shall descend to, and be distributed 
among, their children and the descendants of a deceased child in 
equal parts, the descendants of a deceased child or grand-child to 
take the share of their deceased parent in equal parts among them ; 
and where there shall be no children or descendants, then in equal 
parts to the next of kin, in equal degree; and among collaterals, 
the children of a deceased brother or sister of the intestate shall 
have, in equal parts among them, their deceased parent’s share; 
and there shall, in no case, be a distinction between kindred of the 
whole and half blood; saving in all cases to the widow of the 
intestate, her third part of the real estate for life, and one-third 
part of the personal estate; and this law relative to descent and 
dower, shall remain in full force until altered by the legislature 
of the district. And until the governor and judges shall adopt 
laws as hereinafter mentioned, estates in the said territory may be 
devised or bequeathed by wills in writing, signed and sealed by 
him or her in whom the estate may be, (being of full age,) and 
attested by three witnesses; and real estates may be conveyed by 

1 Revised Statutes of the United States, 13 (2nd. ed.). 


?Passed by congress, sitting under the Articles of Confederation and - 
Perpetual Union, on July 13, 1787. 


1 


2 ILLINOIS HISTORICAL COLLECTIONS — 


lease and release, or bargain and sale, signed, sealed, and delivered 


by the person, being of full age, in whom the estate may be, and 
attested by two witnesses, provided such wills be duly proved, and 
such conveyances be acknowledged, or the execution thereof duly 
proved, and be recorded within one year after proper magistrates, 
courts, and registers, shall be appointed for that purpose; and per- 
sonal property may be transferred by delivery, saving, however, 


to the French and Canadian inhabitants, and other settlers of the — 


Kaskaskies, St. Vincents, and the neighboring villages, who have 


heretofore professed themselves citizens of Virginia, their laws — 
and customs now in force among them, relative to the descent and — 


conveyance of property. 


Suc. 3. Be it ordained by the authority aforesaid, That there 4 


shall be appointed, from time to time, by Congress, a governor, 
whose commission shall continue in force for the term of three 
years, unless sooner revoked by Congress; he shall reside in the 
district, and have a freehold estate therein, in one thousand acres 
of land, while in the exercise of his office. 

So. 4: There shall be appointed from time to time, by Con- 
gress, a secretary, whose commission shall continue in foree for four 
years, unless sooner revoked; he shall reside in the district, and 
have a freehold estate therein, in five hundred acres of land, while 
in the exercise of his office. It shall be his duty to keep and pre- 


serve the acts and laws passed by the legislature, and the public 


records of the district, and the proceedings of the governor in his 
executive department, and transmit authentic copies of such acts 


and proceedings every six months, to the Secretary of Congress. 
There shall also be appointed a court, to consist of three Judges, — 
any two of whom to form a court, who shall have a common-law ~ 


jurisdiction, and reside in the district, and have each therein a 
freehold estate, in five hundred acres of land, while in the exercise 


of their offices; and their commissions shall continue in force 


during good behavior. 
Src. 5. The governor and judges, or a majority of them, shall 
adopt and publish in the district,? such laws of the original States, 


2In the text from which this copy is taken the word “district” 
appears ‘‘distric.” 


ORDINANCE OF 1787 3 


criminal and civil, as may be necessary, and best suited to the cir- 
cumstances of the district, and report them to Congress from time 
to time, which laws shall be in force in the district until the organ- 
ization of the general assembly therein, unless disapproved of by 
Congress; but afterwards the legislature shall have authority to 
alter them as they shall think fit. 

Src. 6. The governor, for the time being, shall be commander- 
in-chief of the militia, appoint and commission all officers in the 
same below the rank of general officers; all general officers shall be 
appointed and commissioned by Congress. 

Sec. 7. Previous to the organization of the general assembly 
the governor shall appoint such magistrates, and other civil officers, 
in each county or township, as he shall find necessary for the pre- 
servation of the peace and good order in the same. After the 
general assembly shall be organized the powers and duties of magis- 
trates and other civil officers shall be regulated and defined by the 
said assembly; but all magistrates and other civil officers, not 
herein otherwise directed, shall, during the continuance of this 
temporary government, be appointed by the governor. 

Sec. 8. For the prevention of crimes and injuries the laws to 
be adopted or made shall have force in all parts of the district, and 
for the execution of process, criminal and civil, the governor shall 
make proper divisions thereof; and he shall proceed from time to 
time, as circumstances may require, to lay out the parts of the 
district in which the Indian titles shall have been extinguished, 
into counties and townships, subject, however, to such alterations 
as may thereafter be made by the legislature. 

Src. 9. So soon as there shall be five thousand free male in- 
habitants, of full age in the district, upon giving proof thereof to 
the governor, they shall receive authority, with the time and place, 
to elect representatives from their counties or townships, to repre- 
sent them in the general assembly: Provided, That for every five 
hundred free male inhabitants there shall be one representative, 
and so on, progressively, with the number of free male inhabitants, 
shall the right of representation increase, until the number of repre- 
sentatives shall amount to twenty-five; after which the number and 
proportion of representatives shall be regulated by the legislature: 


4 ILLINOIS HISTORICAL COLLECTIONS 


Provided, That no person be eligible or qualified to act as a repre- 
sentative, unless he shall have been a citizen of one of the United 
States three years, and be a resident in the district, or unless he 
shall have resided in the district three years; and, in either case, 
shall likewise hold in his own right, in fee-simple, two hundred 
acres of land within the same: Provided also, That a freehold in 
fifty acres of land in the district, having been a citizen of one of 
the States, and being a resident in the district, or the like freehold 
and two years’ residence in the district, shall be necessary to qualify 
a man as an elector of a representative. 

Sec. 10. The representatives thus elected shall serve for the 
term of two years; and in case of the death of a representative, or 
removal from office, the governor shall issue a writ to the county or 
township, for which he was a member, to elect another in his stead, 
to serve for the residue of the term. 

Sxo. 11. The general assembly, or legislature, shall consist of 
the governor, legislative council, and a house of representatives. 
The legislative council shall consist of five members, to continue 
in office five years, unless sooner removed by Congress; any three 
of whom to be a quorum; and the members of the council shall be 
nominated and appointed in the following manner, to wit: As 
soon as representatives shall be elected the governor shall appoint 
a time and place for them to meet together, and when met they 
shall nominate ten persons, resident in the district, and each 
possessed of a freehold in five hundred acres of land, and return 
their names to Congress, five of whom Congress shall appoint and 
commission to serve as aforesaid; and whenever a vacancy shall 
happen in the council, by death or removal from office, the house 
of representatives shall nominate two persons, qualified as afore- 
said, for each vacancy, and return their names to Congress, one of 
whom Congress shall appoint and commission for the residue of the 
term; and every five years, four months at least before the expira- 
tion of the time of service of the members of the council, the 
said house shall nominate ten persons, qualified as aforesaid, and 
return their names to Congress, five of whom Congress shall appoint 
and commission to serve as members of the council five years, 
unless sooner removed. And the governor, legislative council, and 


ORDINANCE OF 1787 5 


house of representatives shall have authority to make laws in all 
eases for the good government of the district, not repugnant to the 
principles and articles in this ordinance established and declared. 
And all bills, having passed by a majority in the house, and by a 
majority in the council, shall be referred to the governor for his 
assent; but no bill, or legislative act whatever, shall be of any force 
without his assent. The governor shall have power to convene, 
prorogue, and dissolve the general assembly when, in his opinion, 
it shall be expedient. 

Src. 12. The governor, judges, legislative council, secretary, 
and such other officers as Congress shall appoint in the district, 
shall take an oath or affirmation of fidelity, and of office; the gov- 
ernor before the President of Congress, and all other officers before 
the governor. As soon as the legislature shall be formed in the 
district, the council and house assembled, in one room, shall have 
authority, by joint ballot, to elect a delegate to Congress, who shall 
have a seat in Congress, with a right of debating, but not of voting, 
during this temporary government. 

Szc. 13. And for extending the fundamental principles of civil 
and religious liberty, which form the basis whereon these republics, 
their laws and constitutions, are erected; to fix and establish those 
principles as the basis of all laws, constitutions, and governments, 
which forever hereafter shall be formed in the said territory; to 
provide also for the establishment of States, and permanent gov- 
ernment therein, and for their admission to a share in the Federal 
councils on an equal footing with the original States, at as early 
periods as may be consistent with the general interest : 

Sec. 14. It is hereby ordained and declared, by the authority 
aforesaid, that the following articles shall be considered as articles 
of compact, between the original States and the people and States 
in the said territory, and forever remain unalterable, unless by 
common consent, to wit: 


ARTICLE I 


No person, demeaning himself in a peaceable and orderly man- 
ner, shall ever be molested on account of his mode of worship, or 
religious sentiments, in the said territories. 


6 ILLINOIS HISTORICAL COLLECTIONS 


ARTICLE II 


The inhabitants of the said territory shall always be entitled 
to the benefits of the writs of habeas corpus, and of the trial by 
jury; of a proportionate* representation of the people in the legis- 
lature, and of judicial proceedings according to the course of the — 
common law. All persons shall be bailable, unless for capital 
offences, where the proof shall be evident, or the presumption great. 
All fines shall be moderate; and no cruel or unusual punishments 
shall be inflicted. No man shall be deprived of his liberty or prop- 
erty, but by the judgment of his peers, or the law of the land, and 
should the public exigencies make it necessary, for the common 
preservation, to take any person’s property, or to demand his par- 
ticular services, full compensation shall be made for the same. 
And, in the just preservation of rights and property, it is under- 
stood and declared, that no law ought ever to be made or have force 
in the said territory, that shall, in any manner whatever, interfere 
with or affect private contracts or engagements bona fide and with- — 
out fraud previously formed. 


ARTICLE Iii 


Religion, morality, and knowledge being necessary to good gov- 
ernment and the happiness of mankind, schools and the means of 
education shall forever be encouraged. The utmost good faith 
shall always be observed towards the Indians; their lands and prop- 
erty shall never be taken from them without their consent; and in 
their property, rights, and liberty they never shall be invaded or 
disturbed, unless in just and lawful wars authorized by Congress; 
but laws founded in justice and humanity shall, from time to time, 
be made, for preventing wrongs being done to them, and for pre- 
serving peace and friendship with them. 


ARTICLE IV 


The said territory, and the States which may be formed therein, 
shall forever remain a part of this confederacy of the United States 


*In the text from which this copy is taken the word “proportionate” 
appears “propotionate.” 


ORDINANCE OF 1787 7 


of America, subject to the Articles of Confederation, and to such 
alterations therein as shall be constitutionally made; and to all the 
acts and ordinances of the United States in Congress assembled, 
conformable thereto. The inhabitants and settlers in the said 
territory shall be subject to pay a part of the Federal debts, con- 
tracted, or to be contracted, and a proportional part of the expenses 
of government to be apportioned on them by Congress, according 
to the same common rule and measure by which apportionments 
thereof shall be made on the other States; and the taxes for paying 
their proportion shall be laid and levied by the authority and direc- 
tion of the legislatures of the district, or districts, or new States, 
as in the original States, within the time agreed upon by the United 
States in Congress assembled. The legislatures of those districts, 
or new States, shall never interfere with the primary disposal of 
the soil by the United States in Congress assembled, nor with any 
regulations Congress may find necessary for securing the title in 
such soil to the bona-fide purchasers. No tax shall be imposed on 
lands the property of the United States; and in no case shall non- 
resident proprietors be taxed higher than residents. The navi-. 
gable waters leading into the Mississippi and Saint Lawrence, and 
the carrying places between the same, shall be common highways, 
and forever free, as well to the inhabitants of the said territory 
as to the citizens of the United States, and those of any other 
States that may be admitted into the confederacy, without any tax, 
impost, or duty therefor. 


ARTICLE V 


There shall be formed in the said territory not less than three 
nor more than five States; and the boundaries of the States as soon 
as Virginia shall alter her act of cession and consent to the same, 
shall become fixed and established as follows, to wit: The western 
State in the said territory shall be bounded by the Mississippi, the 
Ohio, and the Wabash Rivers; a direct line drawn from the Wabash 
and Post Vincents, due north, to the territorial line between the 
United States and Canada; and by the said territorial line to the 
Lake of the Woods and Mississippi. The middle State shall be 


—4£HC 


8 ILLINOIS HISTORICAL COLLECTIONS 


bounded by the said direct line, the Wabash from Post Vincents 


to the Ohio, by the Ohio, by a direct line drawn due north from the ~ 


mouth of the Great Miami to the said territorial line, and by the 
said territorial line. The eastern State shall be bounded by the 
last-mentioned direct line, the Ohio, Pennsylvania, and the said 
territorial line: Provided, however, And it is further understood 
and declared, that the boundaries of these three states shall be sub- 
ject so far to be altered, that, if Congress shall hereafter find it 


expedient, they shall have authority to form one or two states in 


that part of the said territory which lies north of an east and 
west line drawn through the southerly bend or extreme of Lake 
Michigan. And whenever any of the said States shall have sixty 
thousand free inhabitants therein, such State shall be admitted, by 


its delegates, into the Congress of the United States, on an equal — 
footing with the original States, in all respects whatever; and shall 


be at liberty to form a permanent constitution and State govern- 
ment: Provided, The constitution and government, so to be 


formed, shall be republican, and in conformity to the principles 


contained in these articles, and, so far as it can be consistent with 
the general interest of the confederacy, such admission shall be 
allowed at an earlier period, and when there may be a less number 
of free inhabitants in the State than sixty thousand. 


ARTICLE VI 


There shall be neither slavery nor involuntary servitude in the 
said territory, otherwise than in the punishment of crimes, whereof 


the party shall have been duly convicted: Provided always, That 
any person escaping into the same, from whom labor or service 
is lawfully claimed in any one of the original States, such fugitive 


may be lawfuly reclaimed, and conveyed to the person claiming his 


or her labor or service as aforesaid. 
Be it ordained by the authority aforesaid, That the resolutions 


of the 23d of April, 1784, relative to the subject of this ordinance, — 


be, and the same are hereby, repealed, and declared null and void. 

Done by the United States, in Congress assembled, the 13th day 
of July, in the year of our Lord 1787, and of their bi and 
independence the twelfth. 


j 


ACT OF CONGRESS, MAY 7, 1800’ 


An Act To DiviIDE THE TERRITORY OF THE UNITED States NortTH- 
WEST OF THE OHIO, INTO Two SEPARATE GOVERNMENTS. AP- 
PROVED May 7, 1800 


Section 1. Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Congress assembled, 
That from and after the fourth day of July next, all that part of 
the territory of the United States northwest of the Ohio river, 
which lies to the westward of a line beginning at the Ohio, opposite 
the mouth of Kentucky river, and running thence to Fort Recovery, 
and thence north until it shall intersect the territorial line between 
the United States and Canada, shall, for the purposes of temporary 
government, constitute a separate territory, and be called the Indi- 
ana Territory. | 

Src. 2. And be it further enacted, That there shall be estab- 
lished within the said territory a government in all respects similar 
to that provided by the ordinance of Congress, passed on the thir- 
teenth day of July one thousand seven hundred and eighty-seven, 
for the government of the territory of the United States northwest 
of the river Ohio; and the inhabitants thereof shall be entitled 
to, and enjoy all and singular the rights, privileges and advantages 
granted and secured to the people by the said ordinance. 

Sec. 3. And be it further enacted, That the officers for the said 
territory, who by virtue of this act shall be appointed by the Presi- 
dent of the United States, by and with the advice and consent of 
the Senate, shall respectively exercise the same powers, perform 
the same duties, and receive for their services the same compensa- 
tions as by the ordinance aforesaid and the laws of the United 
States, have been provided and established for similar officers in 
the territory of the United States northwest of the river Ohio. 


1 Statutes at Large, 2:68. 


10 ILLINOIS HISTORICAL COLLECTIONS 


And the duties and emoluments of superintendent of Indian affairs 


shall be united with those of governor: Provided, that the Presi- — 


dent of the United States shall have full power, in the recess of 

Congress, to appoint and commission all officers herein authorized ; 

and their commissions shall continue in force until the end of the 

next session of Congress. 

Sec. 4. And be it further enacted, That so much of the ordi- 
nance for the government of the territory of the United States 


northwest of the Ohio river as relates to the organization of a 


general assembly therein, and prescribes the powers thereof, shall — 


be in force and operate in the Indiana territory, whenever satis- 
factory evidence shall be given to the governor thereof, that such 


is the wish of a majority of the freeholders, notwithstanding there . 


may not be therein five thousand free male inhabitants of the age 
of twenty-one years and upwards: Provided, that until there shall 
be five thousand free male inhabitants of twenty-one years and up- 
wards in said territory, the whole number of representatives to the 
general assembly shall not be less than seven, nor more than nine, 
to be apportioned by the governor to the several counties in the 


the said territory, agreeably to the number of free males of the 


age of twenty-one years and upwards which they may respectively 
contain. 

Src. 5. And be it further enacted, That nothing in this act 
contained shall be construed so as in any manner to affect the gov- 
ernment now in force in the territory of the United States north- 
west of the Ohio river, further than to prohibit the exercise thereof 


within the Indiana territory, from and after the aforesaid fourth - 
day of July next: . Provided, that whenever that part of the terri- 


tory of the United States which lies to the eastward of a line 
beginning at the mouth of the Great Miami river, and running 
thence due north to the territorial line between the United States 
and Canada, shall be erected into an independent state, and ad- 
mitted into the Union on an equal footing with the original states, 
thenceforth said line shall become and remain permanently the 
boundary line between such state and the Indiana territory; any- 
thing in this act contained to the contrary notwithstanding. 

Src. 6. And be it further enacted, That until it shall be other- 


Bytes. 


; * 


ACT OF CONGRESS, FEBRUARY 38, 1809" 


An Act For DivipDING THE INDIANA TERRITORY Into Two SEPA- 
RATE GOVERNMENTS. APPROVED FEBRuARY 3, 1809 


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That from and 
after the first day of March next, all that part of the Indiana terri- 
tory which lies west of the Wabash river, and a direct line drawn 
from the said Wabash river and Post Vincennes, due north, to 
the territorial line between the United States and Canada, shall, 
for the purpose of temporary government, constitute a separate 
territory, and be called Illinois. 

Src. 2. And be it further enacted, That there shall be estab- 
lished within the said territory a government in all respects similar 
to that provided by the ordinance of Congress, passed on the thir- 
teenth day of July, one thousand seven hundred and eighty-seven, 
for the government of the territory of the United States, northwest 
of the river Ohio; and by an act passed on the seventh day of 
August, one thousand seven hundred and eighty-nine, intituled, 
“An act to provide for the government of the territory northwest 
of the river Ohio;” and the inhabitants thereof shall be entitled 
to, and enjoy all and singular the rights, privileges and adyan- 
tages, granted and secured to the people of the territory of the 
United States, northwest of the river Ohio, by the said ordinance. 

Src. 3. And be it further enacted, That the officers for the said 
territory, who, by virtue of this act, shall be appointed by the 
President of the United States, by and with the advice and consent 
of the Senate, shall respectively exercise the same powers, perform 
the same duties, and receive for their services the same compen- 
sations, as by the ordinance aforesaid, and the laws of the United 
States, have been provided and established for similar officers in 


1 Statutes at Large, 2:514. 
12 


ACT OF CONGRESS, FEBRUARY 3, 1809 13 


the Indiana territory. And the duties and emoluments of super- 
intendent of Indian affairs shall be united with those of governor: 
Provided, that the President of the United States shall have full 
power, in the recess of Congress, to appoint and commission all 
officers herein authorized, and their commissions shall continue in 
force until the end of the next session of Congress. 

Sec. 4. And be it further enacted, That so much of the ordi- 
nance for the government of the territory of the United States 
northwest of the Ohio river, as relates to the organization of a 
general assembly therein, and prescribes the powers thereof, shall 
be in force and operate in the Illinois Territory, whenever satis- 
factory evidence shall be given to the governor thereof that such 
is the wish of a majority of the freeholders, notwithstanding there 
may not be therein five thousand free male inhabitants of the 
age of twenty-one years and upwards: Provided, that until there 
shall be five thousand free male inhabitants of twenty-one years 
and upwards in said territory, the whole number of representatives 
to the general assembly shall not be less than seven, nor more than 
nine, to be apportioned by the governor to the several counties in 
the said territory, agreeably to the number of free males of the age 
of twenty-one years and upwards, which they may respectively 
contain. — 

Sec. 5. And be it further enacted, That nothing in this act 
contained shall be construed so as in any manner to affect the gov- 
ernment now in force in the Indiana territory, further than to 
prohibit the exercise thereof within the [linois territory, from and 
after the aforesaid first day of March next. 

Sec. 6. And be tt further enacted, That all suits, process and 
proceedings, which, on the first day of March next, shall be pending 
in the court of any county which shall be included within the said 
territory of Illinois, and also all suits, process and proceedings, 
which, on the said first day of March next, shall be pending in the 
general court of the Indiana territory, in consequence of any writ 
of removal, or order for trial at bar, and which had been removed 
from any of the counties included within the limits of the terri- 
tory of Illinois aforesaid, shall, in all things concerning the same, 
be proceeded on and judgments and decrees rendered thereon, in 


14 ILLINOIS HISTORICAL COLLECTIONS 


the same manner as if the said Indiana territory had remained 
undivided. 

Src. 7. And be it further enacted, That nothing in this act 
contained shall be so construed as to prevent the collection of taxes, 
which may on the first day of March next, be due to the Indiana 
territory on lands lying in the said territory of Illinois. 

Sec. 8. And be it further enacted, That until it shall be other- 
wise ordered by the legislature of the said Illinois territory, Kas- 
kaskia on the Mississippi river, shall be the seat of government for 
the said Illinois territory. 


ACT OF CONGRESS, APRIL 18, 1818* 


An Act To ENABLE THE PEOPLE OF THE ILLINOIS TERRITORY 
To Form a CONSTITUTION AND STATE GOVERNMENT, AND FOR 
THE ADMISSION OF SucH STATE INTO THE UNION ON AN 
Equa Foorinc witH THE ORIGINAL STATES. APPROVED 
Aprit 18, 1818 


Be it enacted by the Senate and House of Representatives of the 
United States of America, in Congress assembled, That the inhabi- 
tants of the territory of Illinois be, and they are hereby, authorized 
to form for themselves a constitution and state government, and to 
assume such name as they shall deem proper; and the said state, 
when formed, shall-be admitted into the Union upon the same foot- 
ing with the original states, in all respects whatever. 

Sec. 2. And be tt further enacted, That the said state shall 
consist of all the territory included within the following bound- 
aries, to wit; Beginning at the mouth of the Wabash river; thence, 
up the same, and with the line of Indiana, to the north-west corner 
of said state; thence, east with the line of the same state, to the 
middle of Lake Michigan; thence, north along the middle of said 
lake, to north latitude forty-two degrees thirty minutes; thence, 
west to the middle of the Mississippi river; and thence, down along 
the middle of that river, to its confluence with the Ohio river; and 
thence, up the latter river, along its north-western shore, to the 
beginning: Provided, That the convention hereinafter provided 
for, when formed, shall ratify the boundaries aforesaid ; otherwise 
they shall be and remain as now prescribed by the ordinance for 
the government of the territory north-west of the river Ohio: 
Provided also, That the said state shall have concurrent jurisdiction 
with the state of Indiana on the Wabash river, so far as said river 
shall form a common boundary to both, and also concurrent juris- 


1 Statutes at Large, 3:428. 
15 


16 ILLINOIS HISTORICAL COLLECTIONS 


diction on the Mississippi river, with any state or states to be 
formed west thereof, so far as said river shall form a common 
boundary to both. 


Sec. 3. And be it further enacted, That all white male citizens — 


of the United States, who shall have arrived at the age of twenty- 
one years, and have resided in said territory six months previous 
to the day of election, and all persons having in other respects the 
legal qualifications to vote for representatives in the general as- 


sembly of the said territory, be, and they are hereby, authorized 


to choose representatives to form a convention, who shall be appor- 
tioned amongst the several counties as follows: 

From the county of Bond, two representatives: 

From the county of Madison, three representatives: 

From the county of St. Clair, three representatives: 

From the county of Monroe, two representatives: 

From the county of Randolph, two representatives: 

From the county of Jackson, two representatives: 

From the county of Johnson, two representatives: 

From the county of Pope, two representatives: 

From the county of Gallatin, three representatives: 

From the county of White, two representatives: 

From the county of Edwards, two representatives: 

From the county of Crawford, two representatives: 

From the county of Union, two representatives: 

From the county of Washington, two representatives: 

And from the county of Franklin, two representatives: 

And the election for the representatives aforesaid shall be holden 
on the first Monday of July next, and the two following days, 
throughout the several counties in the said territory, and shall be 
conducted in the same manner, and under the same regulations, 
as prescribed by the laws of the said territory regulating elections 
therein, for members of the House of Representatives. 

Src. 4. And be it further enacted, That the members of the 
convention, thus duly elected, be, and they are hereby, authorized 
to meet at the seat of government of the said territory, on the first 
Monday of the month of August next, which convention, when met, 
shall first determine, by a majority of the whole number elected, 


ACT OF CONGRESS, APRIL 18, 1818 17 


whether it be, or be not, expedient at that time to form a consti- 
tution and state government for the people within the said terri- 
tory, and if it be expedient, the convention shall be and hereby is 
authorized to form a constitution and state government; or, if it 
be deemed more expedient, the said convention shall provide by 
ordinance for electing representatives to form a constitution or 
frame of government; which said representatives shall be chosen 
in such manner, and in such proportion, and shall meet at such 
time and place, as shall be prescribed by the said ordinance, and 
shall then form for the people of said territory a constitution and 
state government: Provided, That the same, whenever formed, 
shall be republican, and not repugnant to the ordinance of the 
thirteenth of July, seventeen hundred and eighty-seven, between 
the original states and the people and states of the territory north- 
west of the river Ohio; excepting so much of said articles as relate 
to the boundaries of the states therein to be formed: And provided 
also, That it shall appear, from the enumeration directed to be 
_ made by the legislature of the said territory, that there are, within 
the proposed state, not less than forty thousand inhabitants. 

Sec. 5. And be it further enacted, That until the next general 
census shall be taken, the said state shall be entitled to one repre- 
sentative in the House of Representatives of the United States. 

Sec. 6. And be it further enacted, That the following propo- 
sitions be and the same are hereby, offered to the convention of the 
said territory of Illinois, when formed, for their free acceptance 
or rejection, which if accepted by the convention, shall be obliga- 
tory upon the United States and the said state. 

First. That section numbered sixteen, in every township, and, 
when such section has been sold or otherwise disposed of, other 
lands equivalent thereto, and as contiguous as may be, shall be 
granted to the state, for the use of the inhabitants of such town- 
ship, for the use of schools. 

Second. That all salt springs within such state and the land 
reserved for the use of the same, shall be granted to the said state, 
for the use of the said state, and the same to be used under such 
terms, and conditions, and regulations, as the legislature of the 
said state shall direct: Provided, The legislature shall never sell 


18 ILLINOIS HISTORICAL COLLECTIONS 


time. 

Third. That five per cent. of the net proceeds of the lands lying 
within such state, and which shall be sold by Congress, from and 
after the first day of January, one thousand eight hundred and 
nineteen, after deducting all expenses incident to the same, shall 
be reserved for the purposes following, viz: two-fifths to be dis- 
bursed, under the direction of Congress, in making roads leading 
to the state; the residue to be appropriated, by the legislature of 


the state, for the encouragement of learning, of which one-sixth 


part shall be exclusively bestowed on a college or university. 
Fourth. That thirty-six sections, or one entire township, which 


shall be designated by the President of the United States, together 


with the one heretofore reserved for that purpose, shall be reserved 
for the use of a seminary of learning, and vested in the legislature 
of the said state, to be appropriated solely to the use of such semi- 
nary by the said legislature. Provided always, That the four fore- 


going propositions, herein offered, are on the conditions that the Hah 


convention of the said state shall provide, by an ordinance irre- 
vocable without the consent of the United States, that every and 


each tract of land sold by the United States, from and after the _ i 


first day of January, one thousand eight hundred and nineteen, 
shall remain exempt from any tax laid by order, or under any 
authority of, the state, whether for state, county, or township, or 


any other purpose whatever, for the term of five years from and 
after the day of sale: And further, That the bounty lands granted, _ 
or hereafter to be granted, for military services during the late — 
war, shall, while they continue to be held by the patentees, or their — 
heirs, remain exempt, as aforesaid, from all taxes, for the term of — 


three years, from and after the date of the patents respectively; 
and that all the lands belonging to the citizens of the United 


States, residing without the said state, shall never be taxed higher AV: 


than lands belonging to persons residing therein. 


Sec. 7. And be tt further enacted, That all that part of the 


territory of the United States lying north of the state of Indiana, 
and which was included in the former Indiana territory, together 


with that part of the Illinois territory which is situated north of _ 


nor lease the same for a longer period than ten years, at any one — ce 


ACT OF CONGRESS, APRIL 18, 1818 19 


and not included within the boundaries prescribed by this act, to 
the state thereby authorized to be formed, shall be, and hereby is, 
attached to, and made a part of the Michigan territory, from and 
after the formation of the said state, subject, nevertheless, to be 
hereafter disposed of by Congress, according to the right reserved 
in the fifth article of the ordinance aforesaid, and the inhabitants 
therein shall be entitled to the same privileges and immunities, and 
subject to the same rules and regulations, in all respects, with the 
other citizens of the Michigan territory. 


ORDINANCE OF 1818 
AN ORDINANCE! 


WHEREAS the Congress of the United States in the act en- 
titled, “An act to enable the people of the Illinois territory to form 


a constitution and state government and for the admission of such . 


state into the union on an equal footing with the original states, 
passed the 18th of April, 1818,” have offered to this convention 
for their free acceptance or rejection, the following propositions, 
which if accepted by the convention are to be obligatory upon the 
United States, viz: 

“Ist. That section numbered sixteen in every township, and 
when such section has been sold, or otherwise disposed of, other 


lands equivalent thereto, and as contiguous as may be, shall be ~ 


granted to the state for the use of the inhabitants of such township 
for the use of schools. 

2nd. That all salt springs within such state and the lands re- 
served for the use of the same shall be granted to the said state 
for the use of the said state, and the same to be used under such 
terms and conditions and regulations as the legislature of said state 


, 


shall direct; Provided the legislature shall never sell nor lease 


the same for a longer period than ten years at any one time. 
3d. That five per cent. of the nett proceeds of the lands lying 


within such state, and which shall be sold by congress from and 


after the first day of January, one thousand eight hundred and 
nineteen, after deducting all expences incident to the same, shall 
be reserved for the purposes following, viz: Two-fifths to be dis- 
bursed under the direction of congress, in making roads leading 
to the state; the residue to be appropriated by the legislature of 


the state for the encouragement of learning, of which one-sixth — 


part shall be exclusively bestowed on a college or university. 


1 Adopted in convention at Kaskaskia, August 26, 1818. 
20 


ORDINANCE OF 1818 21 


4th. That thirty six sections or one entire township, which 
shall be designated by the President of the United States together 
with the one heretofore reserved for that purpose, shall be reserved 
for the use of a seminary of learning, and vested in the legislature 
of the said state to be appropriated solely to the use of such semi- 
nary by the said legislature.” 

And whereas the four foregoing propositions are offered on 
the condition that this convention shall provide by ordinance, irre- 
vocable, without the consent of the United States, that every and 
each tract of land sold by the United States, from and after the 
first day of January, 1819, shall remain exempt from any tax laid 
by order or under any authority of the state, whether for for state, 
county or township, or any other purpose whatever, for the term of 
five years from and after the day of sale. And further that the 
‘ bounty lands granted, or hereafter to be granted, for military 
services during the late war, shall while they continue to be held 
by the patentees or their heirs, remain exempt as aforesaid, from 
all taxes for the term of three years, from and after the date of 
the patents respectively; and that all the lands belonging to the 
citizens of the United States, residing without the said state, shall 
never be taxed higher than lands belonging to persons residing 
therein. 

THEREFORE this convention on behalf of and by the authority 
of the people of the state, do accept of the foregoing propositions; 
and do further Ordain And Declare, that every and each tract of 
land sold by the United States, from and after the first day of 
January, 1819, shall remain exempt from any tax laid by order 
or under any authority of the state, whether for state, county, or 
township, or any purpose whatever, for the term of five years from 
and after the day of sale. And that the bounty lands granted, 
or hereafter to be granted, for military services during the late 
war, shall while they continue to be held by the patentees, or their 
heirs, remain exempt as aforesaid, from all taxes, for the term of 
three years, from and after the date of the patents respectively ; 
and that all the lands belonging to the citizens of the United 
States, residing without the said state, shall never be taxed higher 
than lands belonging to persons residing therein. And this con- 


22 ILLINOIS HISTORICAL COLLECTIONS 


vention, do further Ordain And Declare that the foregoing ordi- 
nance shall not be revoked without the consent of the United States. 


Done in Convention at Kaskaskia, the twenty sixth day of Au- 
gust in the year of our Lord one thousand eight hundred and 
eighteen, and of the independence of the United States of America 
the forty-third. 

Jesse B. Thomas 
President of the Convention. 
Attest: 
Wm. C. Greenup 
Secretary to the Convention. 


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CONSTITUTION OF 1818* 


The People of the Illinois Territory,” having the right of ad- 
mission into the general government as a member of the union, 
consistent with the Constitution of the United States, the Ordi- 
nance of Congress of 1787, and the Law of Congress “Approved 
April 18th, 1818,” entitled “an act to enable the people of the Illi- 
nois Territory to form a Constitution and State Government, and 
for the admission of such state into the union on an equal footing 
with the original states and for other purposes,” in order to estab- 
lish justice, promote the welfare and secure the blessings of liberty 


Adopted in convention at Kaskaskia, August 26, 1818. The Con- 
stitution of 1818 was not submitted to the electors for their approval 
or rejection. The instrument became operative, however, upon the 
admission of Illinois into the union. The resolution of congress de- 
elaring the admission of Illinois into the union, which was approved 
on December 3, 1818, is as follows: 

“Resolved, by the Senate and House of Representatives of the 
United States of America, in Congress assembled, That, whereas, in 
pursuance of an act of Congress, passed on the eighteenth day of 
April, one thousand eight hundred and eighteen, entitled, ‘An act to 
enable the people of the Illinois territory to form a constitu- 
tion and state government, and for the admission of such state into 
the Union, on an equal footing with the original states,’ the people 
of said territory did, on the twenty-sixth day of August, in the present 
year, by a convention called for that purpose, form for themselves a 
constitution and state government, which constitution and state gov- 
ernment, so formed, is republican, and in conformity to the principles 
of the articles of compact between the original states and the people 
and states in the territory north-west of the river Ohio, passed on the 
thirteenth day of July, one thousand seven hundred and eighty-seven: 
Resolved, by the Senate and House of Representatives of the United 
States of America, in Congress assembled, That the state of Illinois 
shall be one, and is hereby declared to be one, of the United States of 
America, and admitted into the Union on an equal footing with the 
original states, in all respects whatever.” Statutes at Large, 3:536. 

?The original manuscript contains no title. 

25 


26 ILLINOIS HISTORICAL COLLECTIONS 


to themselves and their posterity, Do by their representatives in con- — 
vention, Ordain & Establish the following Constitution, or Form 
of Government, and do mutually agree with each other to form 
themselves into a free and independent state by the name of the 
State of Illinois. And they'do hereby ratify the boundaries as- 
‘signed to such state by the act of congress aforesaid, which are as 
follows to-wit:—Beginning at the mouth of the Wabash river; 
thence up the same and with the line of Indiana to the northwest 
corner of said state; thence east with the line of the same state to 
the middle of lake Michigan; thence north along the middle of 
said lake to north latitude forty two degrees and thirty minutes; 
thence west to the middle of the Mississippi river ; and thence down 
along the middle of that river to its confluence with the Ohio river; 
and thence up the latter river, along its northwestern shore to the 
beginning. 
ARTICLE I 
Concerning the distribution of the powers of Government. 

Section 1. The powers of the government of the State of Ilh- 
nois shall be divided into three distinct departments, and each of 
them be confided to a separate body of Magistracy, to-wit; Those 
which are Legislative to one; those which are Executive to another; 
and those which are Judiciary to another. 


Field v. People ex rel., 2 Scammon (8 Iil.), 79; Edwards v. Pope, 
et al., 3 Scammon (4 Ill.), 464. 


Sect. 2. No person or collection of persons being one of those 
departments shall exercise any power properly belonging to either 


of the others, except as hereinafter expressly directed or permitted. 
Field v. People ex rel., 2 Scammon (8 Ill.), 79; Lane et al. v. 
Dorman, 3 Scammon (4 IIl.), 237; Edwards v. Pope, 3 Scammon (4 
Til.), 464; Mason v. Wait et al., 4 Scammon (5 Ill.), 127; Rhine- 
hart v. Schuyler et al., 2 Gilman (7 Iil.), 473; see Messinger v. 
Germain, 1 Gilman (6 Ill.), 682; Bruce v. Schuyler et al., 4 Gilman 

(9 Til.), 221. 


ARTICLE II 


Srct. 1. The legislative authority of this state shall be vested 
in a General Assembly which shall consist of a Senate and House 
of representatives, both to be elected by the people. 


- CONSTITUTION OF 1818 27 


Sawyer v. City of Alton, 3 Scammon (4 IIl1.), 127; People ex rel. 
v. Reynolds, 5 Gilman (10 Ii1.), 1. 

Szcr. 2. The first election for senators and representatives shall 
commence on the third thursday of September next and continue 
for that and the two succeeding days; and the next election shall 
be held on the first monday in August, one thousand eight hundred 
and twenty; and forever after, elections shall be held once in two 
years on the first monday of August, in each and every county, at 
such places therein as may be provided by law. 

Sect. 3. No person shall be a representative who shall not have 
attained the age of twentyone years, who shall not be a citizen of 
the United States and an inhabitant of this state; who shall not 
have resided within the limits of the county or district in which 
he shall be chosen twelve months next preceding his election, (if 
such county or district shall have been so long erected; but if not, 
then within the limits of the county or counties, district or districts 
out of which the same shall have been taken;) unless he shall have 
been absent on the public business of the United States or of this 
state; and who moreover shall not have paid a state or county tax. 

Sect. 4. The senators at their first session herein provided for, 
shall be divided by lot from their respective counties or districts 
as near as can be, in two classes:—The seats of the senators of the 
first class shall be vacated at the expiration of the second year; 
and those of the second class at the expiration of the fourth year; 
so that one-half thereof as near as possible may be biennially chosen 
forever thereafter. 

Sect. 5. The number of senators and representatives shall, at 
the first session of the General Assembly holden after the returns 
herein provided for are made, be fixed by the General Assembly 
and apportioned among the several counties or districts to be estab- 
lished by law; according to the number of white inhabitants. The 
number of representatives shall not be less than twentyseven nor 
more than thirtysix, until the number of inhabitants within this 
state shall amount to one hundred thousand; And the number of 
senators shall never be less than one-third nor more than one-half 
of the number of representatives. 

Srot. 6. No person shall be a senator who has not arrived at the 


28 ILLINOIS HISTORICAL COLLECTIONS 


age of twentyfive years, who shall not be a citizen of the United — 


States and who shall not have resided one year in the county or 
district in which he shall be chosen, immediately preceding his 
election ; (if such county or district shall have been so long erected ; 
but if not, then within the county or counties, district or districts 
out of which the same shall have been taken) unless he shall have 
been absent on the public business of the United States or of this 
state and shall not moreover have paid a state or county tax. 

Sect. 7. The senate and house of representatives when assem- 
bled shall each choose a speaker and other officers, the speaker of the 
senate excepted ;—Hach house shall judge of the qualifications and 
elections of its members and sit upon its own adjournments. Two- 
thirds of each house shall constitute a quorum, but a smaller num- 
ber may adjourn from day to day and compel the attendance of 
absent members. 

Srcr. 8. Hach house shall keep a journal of its proceedings and 
publish them: The yeas and nays of the members on any question, 
shall at the desire of any two of them be entered on the journals. 

Neiberger v. McCullough e¢ al., 258 Il., 312. 

Sror. 9. Any two members of either house shall have liberty to 
dissent and protest against any act or resolution which they may 
think injurious to the public or to any individual, and have the 
reasons of their dissent entered on the journals. 

Srcr. 10. Each house may determine the rules of its proceed- 
ings punish its members for disorderly behavior, and with the con- 
currence of two-thirds, expel a member; but not a second time for 
the same cause. 

Suor. 11. When vacancies happen in either house, the Goy- 
ernor, or the person exercising the powers of Governor, shall issue 
writs of election to fill such vacancies. 

Srot. 12. Senators and representatives shall in all cases, except 
treason, felony or breach of the peace, be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same; and for any speech or debate in either 
house, they shall not be questioned in any other place. 

Srct. 13. Each house may punish by imprisonment during its 
session any person not a member, who shall be guilty of disrespect 


CONSTITUTION OF 1818 29 


to the house by any disorderly or contemptuous behavior in their 
presence; provided such imprisonment shall not at any one time 
exceed twentyfour hours. . 

Srecr. 14. The doors of each house and of committees of the 
whole shall be kept open, except in such cases as in the opinion of 
the house require secrecy. Neither house shall without the con- 
sent of the other adjourn for more than two days; nor to any other 
place than that in which the two houses shall be sitting. 

Srecr. 15. Bills may originate in either house, but may be 
altered, amended or rejected by the other. 

Srot. 16. Every bill shall be read on three different days in 
each house, unless in case of urgency, threefourths of the house 
where such bill is so depending shall deem it expedient to dispense 
with this rule; and every bill having passed both houses, shall be 
signed by the speakers of their respective houses. 

People ex rel. v. Campbell, 3 Gilman (8 IT1.), 466. 

Sect. 17. The style of the laws of this state shall be, “Be it en- 
acted by the people of the state of Illinois represented in the Gen- 
eral Assembly.” 

Sect. 18. The General Assembly of this state shall not allow 
the following officers of government greater or smaller annual 
salaries than as follows, until the year one thousand eight hundred 
and twentyfour: The governor one thousand dollars and the 
Secretary of state six hundred dollars. 

Sect. 19. No senator or representative shall, during the time 
for which he shall have been elected be appointed to any civil office 
under this state, which shall have been created, or the emoluments 
of which shall have been increased during such time. 

Sect. 20. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. 

Srct. 21. An accurate statement of the receipts and expendi- 
tures of the public money shall be attached to and published with 
the laws at the rising of each session of the General Assembly. 

Srcr. 22. The house of representatives shall have the sole power 
of impeaching, but a majority of all the members present must 


_ concur in an impeachment. All impeachments shall be tried by 


the senate; and when sitting for that purpose, the senators shall be 


30 ILLINOIS HISTORICAL COLLECTIONS 


upon oath or affirmation to do justice according to law and evi- 
dence. No person shall be convicted without the concurrence of 
twothirds of all the senators present. 

Sect. 23. The Governor and all other civil officers under this 
state shall be liable to impeachment for any misdemeanor in 
office ; but judgment in such cases shall not extend further than to 
removal from office, and disqualifications to hold any office of 
honour, profit or trust under this state. The party whether con- 
victed or acquitted shall nevertheless be liable to indictment, trial, 
judgment and punishment according to law. 

Sect. 24. The first session of the General Assembly shall com- 
mence on the first monday of October next, and forever after, the 
General Assembly shall meet on the first monday in December 
next ensuing the election of the members thereof, and at no other 
period, unless as provided by this constitution. 

Sot. 25. No judge of any court of law or equity, secretary of 
state, attorney general, attorney for the state, register, clerk of 
any court of record, sheriff or collector, member of either house 
of congress, or person holding any lucrative office under the United 
States or this state, (provided that appointments in the militia, 
postmasters or justices of the peace, shall not be considered lucra- 
tive offices) shall have a seat in the general assembly: nor shall 
any person holding an office of honour or profit under the govern- 
ment of the United States, hold any office of honour or profit under 
the authority of this state. 

Srot. 26. Every person who shall be chosen or appointed to any 
office of trust or profit, shall, before entering upon the duties 
thereof, take an oath to support the constitution of the United 
States and of this state, and also on oath of office. 

Sect. 27. In all elections, all white male inhabitants above the 

-age of twentyone years, having resided in the state six months 

next preceding the election, shall enjoy the right of an elector; 

but no person shall be entitled to vote except in the county or dis- 

trict in which he shall actually reside at the time of the election. 
Spragins v. Houghton, 2 Scammon (8 Iil.), 377. 

Secor. 28. All votes shall be given viva voce until altered by 
the general assembly. 


CONSTITUTION OF 1818 31 


SrcT. 29. Electors shall in all cases except treason, felony or 
breach of the peace, be privileged from arrest during their attend- 
ance on elections and in going to or returning from the same. 

Sect. 30. The general assembly shall have full power to ex- 
clude from the privilege of electing or being elected any person 
convicted of bribery, perjury or any other infamous crime. 

Srcr. 31. In the year one thousand eight hundred and twenty, 
and every fifth year thereafter, an enumeration of all the white 
inhabitants of the state shall be made in such manner as shall be 
directed by law. 

Sect. 32. All bills for raising a revenue shall originate in the 
house of representatives, subject however to amendment or rejec- 
tion as in other cases. 


ARTICLE III 


Sect. 1. The executive power of the state shall be vested in 
a Governor. 

Field v. People ex rel., 2 Scammon (8 Iil.), 79. 

Sect. 2. The first election of Governor shall commence on the 
third thursday of September next, and continue for that and the 
two succeeding days; and the next election shall be held on the first 
monday of August in the year of our Lord one thousand eight 
hundred and twentytwo. And for ever after, elections for gov- 
ernor shall be held once in four years on the first monday in 
August. The governor shall be chosen by the electors of the mem- . 
bers of the general assembly at the same places and in the same 
manner that they shall respectively vote for members thereof. The 
returns for every election of governor shall be sealed up and trans- 
mitted to the seat of government by the returning officers directed 
to the speaker of the house of representatives, who shall open and 
publish them in the presence of a majority of the members of each 
house of the general assembly. The person having the highest 
number of votes shall be governor: but if two or more be equal 
and highest in votes, then one of them shall be chosen governor 
by joint ballot of both houses of the general assembly. Contested 
elections shall be determined by both houses of the general assembly 
in such manner as shall be prescribed by law. 


32 ILLINOIS HISTORICAL COLLECTIONS 


Secr. 3. The first governor shall hold his office until the first 
monday of December in the year of our Lord one thousand eight 
hundred and twenty two, and until another governor shall be 
elected and qualified to office: and forever after, the governor shall 
hold his office for the term of four years, and until another governor 
shall be elected and qualified; but he shall not be eligible for more 
than four years in any term of eight years. He shall be at least 
thirty years of age and have been a citizen of the United States 
thirty years; two years of which next preceding his election, he 
shall have resided within the limits of this state. 

Sror. 4. He shall from time to time give the general assembly 
information of the state of the government, and recommend to their 
consideration such measures as he shall deem expedient. 

Srot. 5. He shall have power to grant reprieves and pardons 
after conviction except in cases of impeachment. 

Ex parte Birch, 3 Gilman (8 Jil.), 134. 

Secr. 6. The governor shall at stated times receive a salary for 
his services, which shall neither be increased nor diminished during 
the term for which he shall have been elected. 

Secr. 7. He may require information in writing from the off- 
cers in the executive department upon any subject relating to the 
duties of their respective offices; and shall take care that the laws 
be faithfully executed. 

Srot. 8. When any officer, the right of whose appointment is 


by this Constitution vested in the general assembly, or in the goy- 


ernor and senate, shall during the recess, die, or his office by any 
means become vacant, the governor shall have power to fill such 
vacancy by granting a commission which shall expire at the eo 
of the next session of the general assembly. 


People v. Forquer, Breese (1 Ill.), 104; Field v. People ex rel., Q 


Scammon (3 Iil.), 79. 

Snot. 9. He may on extraordinary occasions convene the gen- 
eral assembly by proclamation, and shall state to them when 
assembled the purpose for which they shall have been. convened. 

Sect. 10. He shall be commander-in-chief of the army and 


navy of this state and of the militia, except when they shall be 


called into service of the United States. 


CONSTITUTION OF 1818 33 


Srcr. 11. There shall be elected in each and every county in 
the said state by those who are qualified to vote for members of the 
general assembly and at the same time and places where the election 
for such members shall be held, one sheriff and one coroner, whose 
election shall be subject to such rules and regulations as shall be 
prescribed by law. The said sheriffs and coroners respectively when 
elected shall continue in office two years, be subject to removal and 
disqualification, and such other rules and regulations as may be 
from time to time prescribed by law. 

Sect. 12. In case of disagreement between the two houses with 
respect to the time of adjournment the Governor shall have power 
to adjourn the general assembly to such time as he thinks proper, 
provided it be not to a period beyond the next constitutional meet- 
ing of the same. 

Secr. 13. A Lieutenant-governor shall be chosen at every elec- 
tion for governor, in the same manner, continue in office for the 
same time, and possess the same qualifications. In voting for gov- 
ernor and lieutenant-governor, the electors shall distinguish whom 
they vote for as governor, and whom as lieutenant governor. 

Sect. 14. He shall by virtue of his office be speaker of the sen- 
ate, have a right when in committee of the whole to debate and 
yote on all subjects, and whenever the senate are equally divided 
to give the casting vote. 


Sect. 15. Whenever the government shall be administered by 
the leutenant governor, or he shall be unable to attend as speaker 
of the senate, the senators shall elect one of their own members as 
speaker for that occasion; and if during the vacancy of the office 
of governor, the lieutenant governor shall be impeached, removed 
from office, refuse to qualify, or resign or die, or be absent from the 
state, the speaker of the senate shall in like manner administer the 
government. 


Sect. 16. The lieutenant governor while he acts as speaker of 
the senate shall receive for his service the same compensation which 
shall for the same period be allowed to the speaker of the house of 
Tepresentatives, and no more; and during the time he administers 
the government as governor, he shall receive the same compensation 


34 ILLINOIS HISTORICAL COLLECTIONS 


which the governor would have received had he been employed in 
the duties of his office. 
Sxct. 17. If the lieutenant governor shall be called upon to ad- 


minister the government, and shall, while in such administration — 


resign, die, or be absent from the state, during the recess of the 
general assembly, it shall be the duty of the secretary for the time 
being to convene the senate for the purpose of choosing a speaker. 

Sect. 18. In case of an impeachment of the governor, his re- 
moval from office, death, refusal to qualify, resignation or absence 
from the state, the lieutenant governor shall exercise all the power 
and authority appertaining to the office of governor, until the time 
pointed out by this constitution for the election of governor shall 
arrive, unless the general assembly shall provide by law for the 
election of a governor to fill such vacancy. 

Sect. 19. The governor for the time being and the Judges of 
the supreme Court, or a major part of them together with the goy- 
ernor, shall be and are hereby constituted a council to revise all 
bills about to be passed into laws by the general assembly; and for 
that purpose shall assemble themselves from time to time when the 


general assembly shall be convened; for which nevertheless they — 


shall not receive any salary or consideration under any pretense 


whatever; and all bills which have passed the senate and house of — 


representatives shall, before they become laws, be presented to the 
said council for their revisal and consideration; and if upon such 
revisal and consideration it should appear improper to the said 
council or a majority of them, that the bill should become a law of 


this state, they shall return the same, together with their objections — 
thereto in writing, to the senate or house of representatives (in 


whichsoever the same shall have originated) who shall enter the 
objections set down by the council at large in their minutes and 
proceed to reconsider the said bill. But if after such reconsider- 
ation the said senate or house of representatives shall, notwith- 
standing the said objections, agree to pass the same by a majority 
of the whole number of members elected, it shall together with the 
said objections be sent to the other branch of the general assembly, 
where it shall also be reconsidered; and if approved by a majority 
of all the members elected, it shall become a law. If any bill shall 


Ay 


CONSTITUTION OF 1818 35 


not be returned within ten days after it shall have been presented, 
the same shall be a law; unless the general assembly shall by their 
adjournment render a return of the said bill in ten days impracti- 
cable; in which case the said bill shall be returned on the first day 
of the meeting of the general assembly after the expiration of the 
said ten days, or be a law. 

Garrett v. Stevenson et al., 3 Gilman (8 Il1.), 261; People ez rel. 

v. Hatch, 33 I1., 9. 

Sect. 20. The governor shall nominate, and by and with the 
advice and consent of the senate appoint a Secretary of State, who 
shall keep a fair register of the official acts of the governor, and 
when required shall lay the same and all papers, minutes and 
vouchers relative thereto before either branch of the general as- 
sembly and shall perform such other duties as shall be assigned 
him by law. 

Field v. People ex rel., 2 Scammon (3 Ii1.), 79. 

Sror. 21. The state treasurer and public printer or printers for 
the state, shall be appointed biennially by the joint vote of both 
branches of the general assembly; Provided that during the recess 
of the same, the governor shall have power to fill such vacancies 
as may happen in either of said offices. 

Sect. 22. The governor shall nominate and by and with the ad- 
vice and consent of the senate, appoint all officers whose offices are 
established by this constitution, or shall be established by law, and 
whose appointments are not herein otherwise provided for: Pro- 
vided however that inspectors, collectors and their deputies, sur- 
veyors of the highways, constables, jailers and such inferior officers 
whose jurisdiction may be confined within the limits of the county, 
shall be appointed in such manner as the general assembly shall 
prescribe. 

ARTICLE IV 


Sect. 1. The Judicial power of this state shall be vested in one 
supreme court, and such inferior courts as the general assembly 
shall from time to time, ordain and establish. 

Vance et al. v. Funk, 2 Scammon (3 Iil.), 263; Beaubien v. 
Brinckerhoff, 2 Scammon (3 ITl.), 270; Bruce v. Schuyler e¢ at., 
4 Gilman (9 Iil.), 221; People v. City of St. Louis et al., 5 Gilman 
(10 Ti1.), 351. 


36 ILLINOIS HISTORICAL COLLECTIONS — | 


Szct. 2. The supreme court shall be holden at the seat of gov- 
ernment and shall have an appellate jurisdiction only; except in 
cases relating to the revenue; in cases of mandamus, and in such © 
cases of impeachment as may be required to be tried before it. 

Bowers v. Green, 1 Scammon (2 Ill.), 41; People ex ret. v. Taylor, 
1 Scammon (2 Ill.), 201; Beaubien et al. v. Hamilton, 3 Scammon 
(4 Ill.), 218; Plumleigh v. White, 4 Gilman (9 Ii1.), 388. 

Sect. 3. The supreme court shall consist in a chief justice and 
three associates, any two of whom shall form a quorum. The 
number of justices may however be increased by the general as- 
sembly after the year one thousand eight hundred and twentyfour. 

Srect. 4. The justices of the supreme court and the judges of 
the inferior courts shall be appointed by joint ballot of both 
branches of the general assembly, and commissioned by the gover- 
nor, and shall hold their offices during good behaviour until the 
end of the first session of the general assembly which shall be 
begun and held after the first day of January in the year of our 
Lord one thousand eight hundred and twentyfour, at which time 
their commissions shall expire; and until the expiration of which 
time, the said justices respectively shall hold circuit courts in the 
several counties in such manner and at such times and shall have 
and exercise such jurisdiction as the general assembly shall by law 
prescribe. But ever after the aforesaid period, the justices of the 
supreme court shall be commissioned during good behaviour, and 
the justices thereof shall not hold circuit courts unless required 

‘by law. : 

Sect. 5. The judges of the inferior courts shall hold their 
offices during good behaviour; but for any reasonable cause which 
shall not be sufficient ground for impeachment, both the judges of © 
the supreme and inferior courts shall be removed from office on the 
address of twothirds of each branch of the general assembly: 
Provided always, that no member of either house of the general 
assembly, nor any person connected with a member, by consan- 
guinity or affinity shall be appointed to fill the vacancy occasioned 
by such removal. The said justices of the supreme court during 
their temporary appointments shall receive an annual salary of one 
thousand dollars, payable quarteryearly out of the public treasury. 


CONSTITUTION OF 1818: 37 


The judges of the inferior courts, and the justices of the supreme 
court who may be appointed after the end of the first session of the 
general assembly which shall be begun and held after the first day 
of January in the year of our Lord one thousand eight hundred 
and twentyfour, shall have adequate and competent salaries which 
shall not be diminished during their continuance in office. 

Sect. 6. The supreme court, or a majority of the justices 
thereof, the circuit courts, or the justices thereof, shall respectively 
appoint their own clerks. 

People ez rel. v. Mobley, 1 Scammon (2 Iil.), 215. 

Srct. 7. All process, writs and other proceedings shall run 
in the name of “the people of the state of Illinois.’ All prosecu- 
tions shall be carried on “in the name and by the authority of the 
people of the state of Illinois” and conclude “against the peace 
and dignity of the same.” 

Whitesides v. People, Breese (1 Iil.), 21; Reddick v. Adminis- 
trators of Joseph Cloud, 2 Gilman (7 I11.), 670; Ferris v. Crow, 5 
Gilman (10 Ill.), 96; Curry v. Hinman, 11 I1l., 420. 

Srct. 8. A competent number of justices of the peace shall be 
appointed in each county in such manner as the general assembly 
may direct, whose time of service, power and duties shall be regu- 
lated and defined by law. And justices of the peace when so 
appointed shall be commissioned by the governor. 


ARTICLE V 


Sect. 1. The militia of the state of Illinois shall consist of 
all free male ablebodied persons, negros, mulattos and indians 
excepted, resident in the state between the ages of eighteen and 
fortyfive years, except such persons as now are or hereafter may be 
exempted by the laws of the United States or of this state; and 
shall be armed equipped and trained as the general assembly may 
provide by law. 

SEct. 2. No person or persons conscientously scrupulous of 
bearing arms shall be compelled to do militia duty in time of peace, 
provided such person or persons shall pay an equivalent for such 
exemption. 

SrcT. 3. Company, battalion and regimental officers, staff-offi- 


38 ILLINOIS: HISTORICAL COLLECTIONS 


cers excepted, shall be elected by the persons composing their 
several companies, battalions and regiments. 

Sect. 4. Brigadier and Major-generals shall be elected by the 
officers of their brigades and divisions respectively. 

Sect. 5. All militia officers shall be commissioned by the goy- 
ernor, and may hold their commissions during good behavior, or 
until they arrive at the age of sixty years. 

SEot. 6. The militia shall in all cases except treason, felony or 
breach of the peace, be privileged from arrest during their attend- 
ance at musters and elections of officers and in going to and return- 
ing from the same. 


ARTICLE VI 


Sect. 1. Neither slavery nor involuntary servitude shall here- 
after be introduced into this state otherwise than for the punish- 
ment of crimes whereof the party shall have been duly convicted ; 
nor shall any male person arrived at the age of twentyone years, 
nor female person arrived at the age of eighteen years be held to 
serve any person as a servant under any identure hereafter made, 
unless such person shall enter into such indenture while in a state 
of perfect freedom, and on condition of a bona fide consideration 
received or to be received for their service. Nor shall any indenture 
of any negro or mulatto hereafter made and executed out of this 
state, or if made in this state, where the term of service exceeds 
one year, be of the least validity except those given in cases of 
apprenticeship. 

Willard v. People, 4 Scammon (5 Ill.), 461; Jarrot v. Jarrot, 2 
Gilman (7 Iil.), 1; Hone v. Ammons, 14 Til., 29. 

Srot. 2. No person bound to labour in any other state shall be 
hired to labour in this state, except within the tract reserved for 
the salt works near Shawnee-town; nor even at that place for a 
longer period than one year at any one time; nor shall it be allowed - 
thereafter the year one thousand eight hundred and twentyfive :— 
Any violation of this article shall effect the emancipation of such 
person from his obligation to service. 

Sxot. 3. Each and every person who has been bound to service 
by contract or indenture in virtue of the laws of the Illinois Terri- 


CONSTITUTION OF 1818 39 


_ tory heretofore existing, and in conformity to the provisions of the 
same, without fraud or collusion, shall be held to a specific per- 
formance of their contracts or indentures; and such negros and 
mulattos as have been registered in conformity with the aforesaid 
laws, shall serve out the time appointed by said laws; Provided 
however that the children hereafter born of such persons, negros 
or mulattos shall become free, the males at the age of twenty one 
_ years, the females at the age of eighteen years. Hach and every 
child born of indentured parents shall be entered with the clerk of 
the county in which they reside by their owners within six months 
after the birth of said child. 


Phoebe v. Jay, Breese (1 Iil.), 268; Boon v. Juliet, 1 Scammon 
(2 Til.), 258; Choisser v. Hargrave, 1 Scammon (2 IIl.), 317; Sarah 
»v. Borders, 4 Scammon (6 Ii1.), 341. 


ARTICLE VII 


Srecr. 1. Whenever two-thirds of the general assembly shall 
think it necessary to alter or amend this constitution, they shall 
recommend to the electors at the next election of members to the 
general assembly to vote for or against a convention; and if it 
shall appear that a majority of all the citizens of the state voting 
for representatives have voted for a convention, the general as- 
sembly shall at their next session call a convention, to consist of as 
many members as there may be in the general assembly; to be 
chosen in the same manner, at the same place and by the same 
electors that choose the general assembly; and which convention 
shall meet within three months after the said election for the pur- 
pose of revising, altering or amending this constitution. 


ARTICLH VIII 


That the general great and essential principles of liberty and 
free government may be recognized and unalterably established 
WE DECLARE: 

Sect. 1. That all men are born equally free and independent, 
and have certain inherent and indefeasible rights, among which are 
those of enjoying and defending life and liberty, and of acquiring, 


—6 HC 


40 ILLINOIS HISTORICAL COLLECTIONS 


possessing and protecting property and reputation, and of pursuing 
their own happiness. 
Kinney v. Cook, 3 Scammon (4 Il.), 231. 

SEct. 2. That all power is inherent in the people, and all free 
governments are founded on their authority and instituted for 
their peace, safety and happiness. 

Sect. 3. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own con- 
sciences; that no man can of right be compelled to attend, erect 
or support any place of worship, or to maintain any ministry against 
his consent; that no human authority can in any case whatever 
control or interfere with the rights of conscience; and that no 
preference shall ever be given by law to any religious establish- 
ments or modes of worship. 

Sect. 4. That no religious test shall ever be required as a 
qualification to any office or public trust under this state. 

Seot. 5. That elections shall be free and equal. 

Sror. 6. That the right of the trial by Jury shall remain in- 
violate. 

Sect. %. That the people shall be secure in their persons, 
houses, papers and possessions from unreasonable searches and 
seizures; and that general warrants, whereby an officer may be 
commanded to search suspected places without evidence of the fact 
committed, or to seize any person or persons not named, whose 
offenses are not particularly described and supported by evidence, 
are dangerous to liberty and ought not to be granted. 

Szct. 8. That no freeman shall be imprisoned or disseized of 
his freehold, liberties or privileges, or outlawed or exiled, or in any 
manner deprived of his life, liberty or property, but by the judg- 
ment of his peers or the law of the land. And all lands which have 
been granted as a common to the inhabitants of any town, hamlet, 
village or corporation, by any person, body politic or corporate, or 
by any government having power to make such grant, shall forever 
remain common to the inhabitants of such town, hamlet, village or 
corporation; and the said commons shall not be leased, sold or 
divided under any pretense whatever; Provided however, that 
nothing in this section shall be so construed as to affect the com- 


ee aS: ay* wo 


CONSTITUTION OF 1818 41 


mons of Cahokia or Prairie du Pont; Provided also that the gen- 
eral assembly shall have power and authority to grant the same 
privileges to the inhabitants of the said villages of Cahokia or 
Prairie du Pont as are hereby granted to the inhabitants of other 
towns, hamlets and villages. 

Rankin v. Beaird, Breese (1 Iil.), 163; Lane e¢ al. v. Dorman, 8 
Scammon (4 Iil.), 2837; Edwards v. Pope et al., 3 Scammon (4 
Til.), 464; Rhinehart v. Schuyler et al., 2 Gilman (7 Il1.), 473; Bruce 
v. Schuyler et al., 4 Gilman (9 Il.), 221; Hebert et al. v. Lavalle, 
27 Iil., 448; Lavalle v. Strobel, 89 Iil., 370; Stead et al. v. President 
and Trustees of Commons of Kaskaskia, 243 I7l., 239; Land Com- 
missioners v. President and Trustees of Commons of Kaskaskia, 
249 I1l., 578. 

Sect. 9. That in all criminal prosecutions, the accused hath a 
right to be heard by himself, and counsel; to demand the nature and 
cause of the accusation against him; to meet the witnesses face to 
face; to have compulsory process to compel the attendance of wit- 
nesses in his favour:—and in prosecutions by indictment or infor- 
mation, a speedy public trial by an impartial jury of the vicinage :— 
and that he shall not be compelled to give evidence against himself. 

Stone v. People, 2 Scammon (8 IIl.), 326; Carpenter v. People, 
8 Gilman (8 Iil.), 147. 

Sect. 10. That no person shall for any indictable offense be 
proceeded against criminally by information, except in cases aris- 
ing in the land or naval forces, or the militia when in actual 
service, in time of war or public danger, by leave of the courts, for 
oppression or misdemeanour in office. 

Sect. 11. No person shall for the same offense be twice put in 
jeopardy of his life or limb; nor shall any man’s property be taken 
or applied to public use without the consent of his representatives 
in the general assembly, nor without just compensation being made 
to him. 

People v. Royal, 1 Scammon (2 Il1.), 557; Edwards v. Pope et al., 
8 Scammon (4 Iil.), 464; Mills ef al. v. County of St. Clair et atl., 
2 Gilman (7 Ii1.), 197. 

Sect. 12. Every person within this state ought to find a certain 
remedy in the laws for all injuries or wrongs which he may receive 
in his person, property or character:—he ought to obtain right 


42 ILLINOIS HISTORICAL COLLECTIONS 


and justice freely and without being obliged to purchase it,—com- 
_ pletely and without denial, promptly and without delay, conform- 
ably to the laws. 

Gesford v. Critzer et al., 2 Gilman (7 II1.), 698. 

Seot. 13. That all persons shall be bailable by sufficient sure- 
ties unless for capital offenses, where the proof is evident or the 
presumption great:—and the privilege of the writ of Habeas cor- 
pus shall not be suspended unless when in cases of rebellion or 
invasion the public safety may require it. 

Sect. 14. All penalties shall be proportioned to the nature 
of the offence, the true design of all punishments being to reform, 
not to exterminate mankind. 


Srcr. 15. No person shall be imprisoned for debt unless upon 


refusal to deliver, up his estate for the benefit of his creditors, in 
such manner as shall be prescribed by law or in cases where there 
is strong presumption of fraud. 

See Tuttle ef al. v. Wilson, 24 Ill., 553. 

Sect. 16. No ew post facto law, nor any other law impairing 
the validity of contracts shall ever be made; and no conviction shall 
work corruption of blood or forfeiture of estate. 

Coles v. County of Madison, Breese (1 Iil.), 154; Williams v. 
Waldo, 3 Scammon (4 II1.), 264; Bruce v. Schuyler et al., 4 Gilman 
(9 Ill.), 221; County of Richland v. County of Lawrence, 12 Ji. 1. 

Sect. 17. That no person shall be liable to be transported out 
of this state for any offense committed within the same. 

Sect. 18. That a frequent recurrence to the fundamental prin- 
ciples of civil government is absolutely necessary to preserve the 
blessings of liberty. 

Sect. 19. That the people have a right to assemble tégetben te in 
a peaceable manner to consult for their common good, to instruct 
their representatives, and to apply to the general assembly for re- 
dress of grievances. 

Srct. 20. That the mode of levying a tax shall be by paler 
so that every person shall pay a tax in proportion to the value of 
the property he or she has in his or her possession. 


Nance v. Howard, Breese (1 Ill.), 242; Sawyer v. City of Alton, 
8 Scammon (4 Ill.), 127; Rhinehart v. Schuyler et al., 2 Gilman 


Se 


CONSTITUTION OF 1818 43 


(7 Ii1.), 473; Bruce v. Schuyler et al., 4 Gilman (9 Ill.), 221; Graves 
v. Bruen et al., 11 Il., 431. 

Sect. 21. That there shall be no other banks or monied institu- 
tions in this state but those already provided by law, except a state 
bank and its branches which may be established and regulated by 
the general assembly of the state as they may think proper. 

People ex rel. v. Marshall et al., 1 Gilman (6 Il1.), 672. 

Sect. 22. The printing presses shall be free to every person 
who undertakes to examine the proceedings of the general assembly, 
or of any branch of government; and no law shall ever be made 
to restrain the right thereof. The free communication of thoughts 
and opinions is one of the invaluable rights of man, and every 
citizen may freely speak, write and print on any subject, being 
responsible for the abuse of that liberty. 

_ Sect. 23. In prosecutions for the publication of papers investi- 
gating the official conduct of officers, or of men acting in a public 
capacity, or where the matter published is proper for public infor- 
mation, the truth thereof may be given in evidence. And in all 
indictments for libels the jury shall have the right of determining 
both the law and the fact under the direction of the court as in 
other cases. 

SCHEDULE 

Sect. 1. That no inconveniences may arise from the change 
of a territorial to a permanent state government, it is declared by 
the convention, that all rights, suits, actions, prosecutions, claims 
and contracts both as it respects individuals and bodies corporate, 
shall continue as if no change had taken place in this government 
in yirtue of the laws now in force. 

Sect. 2. All fines, penalties and forfeitures due and owing to 
the territory of Illinois shall enure to the use of the state. All 
bonds executed to the governor or to any other officer in his official 
capacity in the territory, shall pass over to the governor or to the 
officers of the state and their successors in office for the use of the 
state, by him or by them to be respectively assigned over to the 
use of those concerned as the case may be. 

Sect. 3. No sheriff or collector of public monies shall be eligible 
to any office in this state, until they have paid over according to 


44 ILLINOIS HISTORICAL COLLECTIONS 


law, all monies which they may have collected by virtue of their 
respective offices. 

Sect. 4. There shall be elected in each county three county 
commissioners for the purpose of transacting all county business, 
whose time of service, power and duties shall be regulated and 
defined by law. 

County of Vermilion v. Knight, 7’ Scammon (2 I11.), 97. 

Sect. 5. The governor, secretary and judges and all other 
officers under the territorial government shall continue in the 
exercise of the duties of their respective departments until the 
said officers are superseded under the authority of this constitution. 

Sect. 6. The governor of this state shall make use of his priv- 
ate seal until a state seal shall be provided. 

Secor. 7. The oaths of office herein directed to be taken may be 
administered by any justice of the peace until the esa assembly 
shall otherwise direct. 

Secr. 8. Until the first census shall be taken as diene by this 
constitution the county of Madison shall be entitled to one senator 
and three representatives; the county of St Clair to one sena- 
tor and three representatives; the county of Bond to one senator 
and one representative; the county of Washington to one senator 
and one representative; the county of Monroe to one senator and 
one representative; the county of Randolph to one senator and two 
representatives ; the county of Jackson to one senator and one repre- 
sentative; the counties of Johnson and Franklin to form one sena- 
torial district and to be entitled to one senator and each county 
to one representative; the county of Union to one senator and 
two representatives; the county of Pope to one senator and two 
representatives ; the county of Gallatin to one senator and three re- 
presentatives ; the county of White to one senator and three repre- 
sentatives; the county. of Edwards to one senator and two 
representatives; and the county of Crawford to one senator and 
two representatives. 

Sror. 9. The President of the Convention shall issue writs of 
election directed to the several sheriffs of the several counties, or in 
case of the absence or disability of any sheriff then to the deputy 
sheriff, and in case of the absence or disability of the deputy sheriff 


CONSTITUTION OF 1818 45 


then such writ to be directed to the coroner, requiring them to 
cause an election to be held for governor, lieutenant governor, re- 
presentative to the present congress of the United States and mem- 
bers to the general assembly and sheriffs and coroners in the respec- 
tive counties; such election to commence on the third thursday of 
September next and to continue for that and the two succeeding 
days:—and which election shall be conducted in the manner pre- 
scribed by the existing election laws of the Illinois territory: and 
the said governor, lieutenant governor, members of the general 
assembly sheriffs and coroners then duly elected shall continue to 
exercise the duties of their respective offices for the time prescribed 
by this constitution and until their successor or successors are 
qualified and no longer. 

Sect. 10. An auditor of public accounts, an attorney general 
and such other officers for the state as may be necessary may be 
appointed by the general assembly whose duties may be regulated 
by law. | 

Sect. 11. It shall be the duty of the general assembly to enact 
such laws as may be necessary and proper to prevent the practice 
of duelling. 

Sect. 12. All white male inhabitants above the age of twenty 
one years who shall be actual residents of this state at the signing 
of this constitution shall have a right to a vote at the election to be 
held on the third thursday and the two following days of Sep- 
tember next. . 

Sect. 13. The seat of government for the state shall be at Kas- 
kaskia, until the general assembly shall otherwise provide. The 
general assembly, at their first session holden under the authority 
of this constitution, shall petition the congress of the United States 
to grant to this state a quantity of land to consist of not more than 
four nor less than one section, or to give to this state the right of 
pre-emption in the purchase of the said quantity of land; the said 
land to be situate on the Kaskaskia river and as near as may be 
east of the third principal meridian, on said river. Should the 
prayer of such petition be granted, the general assembly at their 
next session thereafter shall provide for the appointment of five 
commissioners to make the selection of said land so granted, and 


shall further provide for laying out a town upon the. land | 3 
selected, which town so laid out shall be the seat of government of 
this state for the term of twenty years. 
of said petition not be granted, the general assembly shall have 


Should however the prayer Wf 


power to make such provision for a permanent seat of government eo 
as may be necessary and shall fix the same where they may - ae , 


best. 


Sror. 14. Any person of thirty years of age who is a. en of 
the United States and has resided within the limits of this state 
two years, next preceding his election, shall be eligible to the office 


of lieutenant governor—anything in the thirteenth section of Lua a a 


third article of this constitution oe to the contrary not- 


withstanding. 


Done in convention at Kaskaskia, the twentysixth day of PY 
gust, in the year of our Lord one thousand eight hundred and 
eighteen, and of the independence of the United States of America, y 


the fortythird. 


In Testimony Whereof, We have hereunto subscribed our names. 
JESSE B THOMAS President of the Convention and 


representative from the County of St. Clair. 


St. Clair County— 
John Messinger 
James Lemen Jr. 

Randolph County— 
George Fisher > 
Elias Kent Kane 

Madison County— 
B. Stephenson 
Joseph Borough 
Abraham Prickett 

Gallatin County— 
Michael Jones 
Leon? White 


Adolphus Frederick Hubbard 


Monroe County— 
Caldw Carns 
Enoch Moore 


Pope County— 
Samuel Omelveny 
Hamlet wis): 


Jackson County—_ bi :, 
Conrad Will = ah wha 
James Hall Jr. ae 


Crawford County— ey ! ost 
Joseph Kitchell = 
Ed. N Cullom 

Bond County—_ : 
Thos Kirkpatrick _ 
Samuel G. Morse 


Johnson County— 
Hezekiah West 
William Mcfatridge — 


a Sohn Whit tea 


CONSTITUTION OF 1848 


aid 


ha 


CONSTITUTION OF 1848* 
PREAMBLE” 


We, the people of the State of Ilinois—(grateful to Almighty 
God, for the civil, political and religious liberty which He hath 
so long permitted us to enjoy, and looking to Him for a blessing 
upon our endeavors to secure and transmit the same unimpaired 
to succeeding generations)—in order to form a more perfect gov- 
ernment, establish justice, insure domestic tranquillity, provide 
for the common defence, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the State of [linois. 


ARTICLE I 
Boundaries 


Szotion 1. The boundaries and jurisdiction of the State shall 
be as follows, to wit: Beginning at the mouth of the Wabash 
river; thence up the same, and with the line of Indiana, to the 
north-west corner of said state; thence east, with the line of the 
same state, to the middle of Lake Michigan; thence north, along 
the middle of said lake, to north latitude forty-two degrees and 
thirty minutes; thence west to the middle of the Mississippi river, 
and thence, down along the middle of that river, to its confluence 
with the Ohio river ; and thence up the latter river, along its north- 
western shore, to the place of beginning. 

Provided, that this State shall exercise such jurisdiction upon 
the Ohio river as she is now entitled to, or such as may hereafter 
be agreed upon by this state, and the state of Kentucky. 

+ Adopted in convention at Springfield, August 31, 1847; ratified by 
the people, March 6, 1848; in force, April 1, 1848. 

?The original manuscript contains no title. 

51 


52 ILLINOIS HISTORICAL COLLECTIONS 


ARTICLE II 
Concerning the Distribution of the Powers of Government. 


Section 1. The powers of the government of the State of Iili- 
nois shall be divided into three distinct departments, and each 
of them be confided to a separate body of magistracy, to wit: those 
which are legislative, to one; those which are executive, to another ; 
and, those which are judicial, to another. 

County of Richland v. County of Lawrence, 12 Ill., 1; Beesman 
». City of Peoria, 16 I1l., 484; People ex rel. v. Bissell, 19 Iil., 229; 
Hall v. Marks, 34 Jil., 358. 

SEcTION 2. No person, or collection of persons, being one of 
these departments, shall exercise any power properly belonging to 
either of the others, except as hereinafter expressly directed or 
permitted, and all facts in contravention of this section shall be 
void. \ 


Bruffett et al. v. Great Western Railroad Company of nS, 25 Til, 
353; Parmelee et al. v. Lawrence, 48 Ill., 331. 


ARTICLE II 
Of the Legislative Department 


Section 1. The legislative authority of this State shall be 
vested in a General Assembly; which shall consist of a Senate and 
House of Representatives, both to be elected by the people. 

Jackson v. Kemble, 18 IIl., 580; Wood v. Blanchard, 19 Tit., 38; 
Prettyman v. Supervisors of Tazewell County et al., 19 Ill., 406; 
Roberts v. Thomson e¢ al., 28 Ill., 79; Illinois Mutual Fire Insur- 
ance Company v. City of Peoria, 29 II1., 180; Roberts v. Ogle, 30 Ii1., 
459; Poppen v. Holmes, 44 Jil., 360; Hunter v. Hatch, 45 Jit, 178; 
Silver v. People ex rel., 45 Ill., 224; Rozier v. Fagan et al., 46 Itt, 
404; McVeagh v. City of Chicago et al., 49 Ill., 318; Kettering v. 
City of Jacksonville, 50 Ill., 39; Erlinger v. Boneau, 51 Itt, 94; 
Yeazel v. Alexander e¢ al., 58 Ill., 254; Marshall et al. v. Silliman 
et al., 61 IU., 218. 


Section 2. The first election for senators and representatives 
shall be held on the Tuesday after the first Monday in November, 
one thousand, eight hundred and forty-eight; and thereafter, elec- 
tions for members of the General Assembly shall be held once in 


CONSTITUTION OF 1848 53 


two years, on the Tuesday next after the first Monday in Novem- 
ber, in each and every county, at such places therein as may be 
provided by law. 

_ Section 3. No person shall be a representative who shall not 
have attained the age of twenty-five years; who shall not be a 
citizen of the United States, and three years an inhabitant of this 
State; who shall have not resided within the limits of the county or 
district in which he shall be chosen twelve months next preceding 
his election, if such county or district shall have been so long 
erected; but if not, then within the limits of the county or 
counties, district or districts, out of which the same shall have 
been taken, unless he shall have been absent on the public business 
of the Urtited States, or of this state, and shall not, moreover have 
paid a state or county tax. 

Szction 4 No person shall be a senator who shall not have 
attained the age of thirty years; who shall not be a citizen of the 
United States, five years an inhabitant of this state, and one year 
in the county or district in which he shall be chosen immediately 
preceding his election, if such county or district shall have been 
so long erected, but if not, then within the limits of the county 
or counties, district or districts, out of which the same shall have 
been taken, unless he shall have been absent on the public business 
of the United States, or of this state, and shall not, moreover, 
have paid a state or county tax. 

SecTIoN 5. The senators at their first session herein provided 
for shall be divided by lot, as near as can be, into two classes. The 
seats of the first class shall be vacated at the expiration of the 
second year, and those of the second class at the expiration of the 
fourth year, so that one half thereof, as near as possible may be 
biennially chosen forever thereafter. 

SEcTiIon 6 The Senate shall consist of twenty-five members, 
and the House of Representatives shall consist of seventy-five mem- 
bers, until the population of the state shall amount to one million 
of souls, when five members may be added to the House, and five 
additional members for every five hundred thousand inhabitants 
thereafter, until the whole number of representatives shall amount 
to one hundred, after which, the number shall neither be increased 


v Ni pie akc eRe pa an) See) ee eval 
fi a's 


54 ILLINOIS HISTORICAL COLLECTIONS 


nor diminished: to be apportioned among the several counties FE 
according to the number of white inhabitants: In all future 


apportionments when more than one county shall be thrown into 

a representative district all the representatives to which said 

counties may be entitled, shall be elected by the entire district 
SEcTIon 7 No person elected to the General assembly shall re- 


ceive any civil appointment within this state, or to the Senate of - 


the United States, from the Governor, the Governor and senate 
or from the General assembly during the term for which he shall 
have been elected, and all such appointments and all votes given 
for any such member, for any such office or appointment shall be 
void. Nor shall any member of the General Assembly be inter- 
ested either directly or indirectly in any contract with the state, 
or any county thereof authorized by any Law passed during the 
time for which he shall have been elected or during one year after 
the expiration thereof 

Section 8 In the year one thousand eight hundred and fifty- 
five, and every tenth year thereafter, an enumeration of all the 
inhabitants of this state shall be made in such manner as shall be 
directed by law; and in the year eighteen hundred and fifty, and 
every tenth year thereafter, the census taken by authority of the 
government of the United States shall be adopted by the General 
Assembly as the enumeration of this state: and the number of sena- 
tors and representatives shall at the first regular session holden 
after the returns herein provided for are made, be apportioned 
among the several counties or districts to be established by law, 
according to the number of white inhabitants 

SEction 9 Senatorial and representative districts shall be com- 
posed of contiguous territory bounded by county lines: and only 


one Senator allowed, to each senatorial, and not more than three — 
representatives to any representative district provided, that cities 


and towns containing the requisite population may be erected into 
separate districts 


Section 10 In forming eieen and representative districts, 
counties containing a population of not more than one fourth 


over the existing ratio shall form separate districts, and the excess 
shall be given to the nearest county or counties not having a sena- 


7 
ony : 
lhe oe Be we Go a ae. ee 


CONSTITUTION OF 1848 55 


tor or representative, as the case may be, which has the largest 
white population 

Srcotion 11 The first session of the General Assembly shall 
commence on the first Monday of January one thousand eight 
hundred and forty-nine; and forever after the General Assembly 
shall meet on the first Monday of January next ensuing the elec- . 
tion of the members thereof, and at no other period—unless as 
provided by this constitution. 

Section 12 The Senate and House of Representatives, when 
assembled, shall each choose a speaker and other officers, (the: 
speaker of the Senate excepted.) Hach House shall judge of the 
qualifications and election of its members, and sit upon its own 
adjournments. Two thirds of each House shall constitute a 
quorum ; but, a smaller number may adjourn from day to day, and 
compel the attendance of absent members. 

People ez rel, v. Hatch, 33 Iil., 9. 

_ Section 13 Each House shall keep a journal of its proceed- 
ings, and publish them. The yeas and nays of the members on 
any question shall, at the desire of any two of them, be entered on 
the journals. 


People ex rel. v. Hatch, 33 Ill., 9; People ex rel. v. Starne, 35 Tit., 
121; Illinois Central Railroad Company v. Wren, 43 I11., 77; Ryan v. 
Lynch et al., 68 Ill., 160; see Neiberger v. McCullough et al., 253 
Tii., 312. 


Szction 14. Any two members of either House shall have 
liberty to dissent and protest against any act or resolution which 
they may think injurious to the public or to any individual, and 
have the reasons of their dissent entered on the journals. 

SecTION 15. Hach House may determine the rules of its pro- 
ceedings; punish its members for disorderly behaviour; and, with 
the concurrence of two-thirds of all the members elected, expel a 
member but not a second time for the same cause; and the reason 
for such expulsion shall be entered upon the journal with the 
names of the members voting on the question. 

Section 16. When vacancies shall happen in either House, the 
Governor, or the person exercising the powers of Governor, shall 


issue writs of election to fill such vacancies. 
7 C 


56 ILIINOIS HISTORICAL COLLECTIONS 


SECTION 17. Senators and representatives shall, in all cases, 
except treason, felony or breach of the peace, be privileged from 
arrest, during the session of the General Assembly, and in going 
to and returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

Section 18 Hach House may punish by imprisonment, during 
its session, any person not a member, who shall be guilty of dis- 
respect to the House, by any disorderly or contemptuous behavior 
_ in their presence; Provided, such imprisonment shall not at any 
one time, exceed twenty-four hours. 

Section 19 The doors of each House and of Committees of 
the whole shall be kept open, except in such cases as, in the opinion 
of the House, require secresy. Neither House shall, without the 
consent of the other, adjourn for more than two days, nor to any 
other place than that in which the two Houses shall be sitting. 

SEcTION 20. The style of the laws of this state shall be; “Be it 
enacted by the people of the state of Illinois, represented im the 
General Assembly.” 

SECTION 21. Bills may originate in either House, but may be 
altered, amended or rejected by the other; and on the final passage 
of all bills, the vote shall be by ayes and noes, and shall be entered 
on the journal, and no bill shall become a law, without the con- 
currence of a majority of all the members elect in each House. 

People ex rel. v. Starne, 35 Jil., 121; Ryan v. Lynch et al., 68 IiL., 
160; see Neiberger v. McCullough et al., 253 Ill., 312. 

Section 22. Bills making appropriations for the pay of the 
members and officers of the General Assembly, and for the salaries 
of the officers of the government, shall not contain any provision 
on any other subject. 

People ez rel. v. Beveridge, 38 Iil., 307. 

SEcTIon 23. Every bill shall be read on three different days in 
each House, unless, in case of urgency, three fourths of the House 
where such bill is so depending shall deem it expedient to dispense 
with this rule; and every bill, having passed both Houses, shall 
be signed by the speakers of their respective Houses; and no private 
or local law which may be passed by the General Assembly shall — 
embrace more than one subject, and that shall be expressed in the 


CONSTITUTION OF 1848 57 


title. And no public act of the General Assembly shall take effect, 
or be in force until the expiration of sixty days from the end of 
the session at which the same may be passed, unless in case of 
emergency, the General Assembly shall otherwise direct. 
Belleville and Illinoistown Railroad Company v. Gregory, 15 II1., 
20; Wheeler v. Chubbuck, 16 Jil., 361; O’Leary v. County of Cook, 28 
Til., 534; People ex rel. v. Mellen, 32 Jil., 181; Board of Supervisors 
of Iroquois County et al. v. Keady, 34 Iil., 293; People ex rel. v. 
Starne, 35 Ill., 121; Prescott v. City of Chicago, 60 J1l., 121; Presi- 
dent and Trustees of Lockport v. Gaylord, 61 Jil., 276; Ryan v. 
Lynch et al., 68 Iil., 160; Town of Abington v. Cabeen, 106 Iil., 200; 
Leach v. People ex rel., 122 Ill., 420. 

Section 24. The sum of two dollars per day, for the first 
forty-two day’s attendance, and one dollar per day for each day’s 
attendance thereafter, and ten cents for each necessary miles travel 
going to and returning from the seat of government, shall be 
allowed to the members of the General Assembly, as a compensation 
for their services, and no more. The speaker of the House of 
Representatives shall be allowed the sum of one dollar per day in 
addition to his per diem as a member. 

Section 25 The per diem and milage allowed to each member 
of the General Assembly shall be certified by the speakers of their 
respective Houses, and entered on the journals and published at 
the close of each session. 

Section 26. No money shall be drawn from the treasury but 
in consequence of appropriations made by law; and an accurate 
statement of the receipts and expenditures of the public money 
shall be attached to, and published with the laws at the rising of 
each session of the General Assembly. And no person who has 
been or may be a collector or holder of public moneys shall be 
eligible to a seat in either House of the General Assembly, nor be 
eligible to any office of profit or trust in this state, until such per- 
son shall have accounted for, and paid into the treasury, all sums 
for which he may be accountable. 

People ex rel. v. Beveridge, 38 I7l., 307. 

SECTION 27. The House of Representatives shall have the sole 
power of impeaching; but majority of all the members elected 
must concur in an impeachment. All impeachments shall be tried 


58 ILLINOIS HISTORICAL COLLECTIONS 


by the Senate; and when sitting for that purpose, the senators 
shall be upon oath or affirmation to do justice according to law 
and evidence. No person shall be convicted without the concur- 
rence of two thirds of the Senators elected. 

SECTION 28. The Governor and other civil officers under this 
state shall be liable to impeachment for any misdemeanor in office; 
but judgment in such cases shall not extend further than to re- 
moval from office, and disqualification to hold any office of honor, 
profit, or trust, under this state. The party, whether convicted, or 
acquitted, shall nevertheless, be liable to indictment, trial, judg- 
ment, and punishment, according to law. 

SECTION 29. No judge of any court of law or equity, Secretary 
of State, Attorney® General, Attorney* for the State, recorder, clerk 
of any Court of record, sheriff or collector, member of either 
House of Congress, or person holding any lucrative office under 
the United States, or of this state,—provided that appointments 
in the militia, or justices of the peace, shall not be considered 
lucrative offices—shall have a seat in the General Assembly; nor 
shall any person holding any office of honor or profit under the 
government of the United States hold any office of honor or profit 


under the authority of this state. 
Dickson v. People, 17 Ilt., 191. 


Section 30. very person who shall be chosen or appointed to 
any office of trust or profit shall, before entering upon the duties 
thereof, take an oath to support the constitution of the United 
States and of this state, and also an oath of office. 

Section 31. The General Assembly shall have full power to 
exclude from the privilege of electing or being elected any person 
convicted of bribery, perjury or other infamous crime. 

See Christie v. People, 206 Il1., 337. 

SECTION 32 The General Assembly shall have no power to grant 
divorces, but may authorize the courts of justice to grant them 
for such causes as may be specified by law; Provided, that such 
laws be general and uniform in their operation. 

Srction 33. The General Assembly shall never grant or au- 


3~In the original manuscript the word “attorney” appears “attoney.” 
‘In the original manuscript the word “attorney” appears “attoney.” 


CONSTITUTION OF 1848 59 


thorize extra compensation to any public officer, agent, servant, or 
contractor, after the service shall have been rendered, or the con- 
tract entered into. 

People ex rel. v. Beveridge, 38 Ii7l., 307. 

Section 34 The General Assembly shall direct by law in what 
manner suits may be brought against the state. 

SzcTion 35. The General Assembly shall have no power to au- 
thorize lotteries for any purpose, nor to revive or extend the 
charter of the state bank, or the charter of any other bank hereto- 
fore existing in this state, and shall pass laws to prohibit the sale 
of lottery tickets in this state. 

SEcTIon 36. The General Assembly shall have no power to 
authorize, by private or special law, the sale of any lands or other 
real estate belonging in whole or in part to any individual or indi- 
viduals. 

SECTION 37 Hach General Assembly shall provide for all the 
appropriations necessary for the ordinary and contingent expenses 
of the government until the adjournment of the next regular ses- 
sion, the aggregate amount of which shall not be increased without 
a vote of two-thirds of each House, nor exceed the amount of 
reyenue authorized by law to be raised in such \ time; Provided, 
the state may, to meet casual deficits or failures in revenues, con- 
tract debts never to exceed in the aggregate fifty thousand dollars; 
and the moneys thus borrowed shall be applied to the purpose for 
which they were obtained, or to repay the debt thus made, and to 
no other purpose; and no other debt except for the purpose of 
repelling invasion, suppressing insurrection, or defending the state 
in war, (for payment of which the faith of the state shall be 
pledged) shall be contracted, unless the law «authorizing the 
same shall, at a general election, have been submitted to the people, 
and have received a majority of all the votes cast for members 
of the General Assembly at such election. The General Assembly 
shall provide for the publication of said law for three months 
at least before the vote of the people shall be taken upon the same; 
and provision shall be made, at the time, for the payment of the 
interest annually® as it shall accrue, by a tax levied for the pur- 

®In the original manuscript the word “annually” appears “annualy.” 


60 ILLINOIS HISTORICAL COLLECTIONS 


pose, or from other sources of revenue, which law providing for the 
payment of such interest by such tax shall be irrepealable until 
such debt be paid; and provided further that the law levying 
the tax shall be submitted to the people with the law authorizing 
the debt to be contracted. 
SroTion 38. The credit of the State shall not, in any manner, 
be given to, or in aid of any individual, association or corporation. 
Prettyman v. Supervisors of Tazewell County et al., 19 Ill., 406; 


Robertson et al. v. City of Rockford, 21 Jll., 451; Johnson v. County 
of Stark, 24 Il, 75. 


Szction 39 ‘The General Assembly shall provide by law that 
the fuel and stationery furnished for the use of the state; the 
copying, printing, binding and distributing the laws and journals, 
and all other printing ordered by the General Assembly shall be let, 
by contract, to the lowest responsible bidder: and that no member 
of the General Assembly, or other officer of the state shall be in- 
terested either directly or indirectly in any such contract: Pro- 
vided, that the General Assembly may fix a maximum price. 

Section 40. Until there shall be a new apportionment of Sen- 
ators and Representatives the state shall be divided into Senatorial 
and Representative districts, and the senators and representatives, 
shall be apportioned among the several districts, as follows; viz.: 


Senatorial Districts 


1. The eounties of Alexander, Union, Pulaski, Johnson, Mas- 
sac, Pope and Hardin. - Shall constitute the first Senatorial dis- 
trict, and shall be entitled to one senator. 

2. The counties of Gallatin, Saline, Williamson, Franklin and 
White shall constitute the second senatorial district, and be en- 
titled to one Senator. 

3. The counties of Jefferson, Wayne, Marion and Hamilton 


shall constitute the third senatorial district, and be entitled to 


one senator. 
4. The counties of Washington, Perry, Randolph and Jackson 


shall constitute the fourth senatorial district, and be entitled to 


one Senator. 


* 


CONSTITUTION OF 1848 61 


5. The counties of Saint Clair and Monroe shall constitute the 
fifth senatorial district, and be entitled to one senator. 

6. The counties of Madison and Clinton shall constitute the 
sixth senatorial district, and be entitled to one senator. 

_ %. The counties of Christian, Shelby, Montgomery, Bond and 
Fayette shall constitute the seventh senatorial district, and be en- 
titled to one senator. 

8. The counties of Effingham, Jasper, Clay, Richland, Law- 
rence, Edwards and Wabash shall constitute the eighth senatorial 
district, and be entitled to one senator. 

9. The counties of Edgar, Clark and Crawford shall constitute 
the ninth senatorial district, and be entitled to one senator. 

10. The counties of Vermilion, Champaign, Piatt, Moultrie,‘ 
Coles and Cumberland shall constitute the tenth Senatorial dis- 
trict, and be entitled to one senator. 

11. The counties of Tazewell, McLean, Logan, DeWitt and 
Macon shall constitute the eleventh senatorial district, and be en- 
titled to one senator. 

12. The counties of Sangamon, Menard and Mason shall con- 
stitute the twelfth senatorial district, and be entitled to one senator. 

13. The counties of Macoupin, Jersey, Greene, and Calhoun 
shall constitute the thirteenth senatorial district, and be entitled 
to one senator. 

14. The counties of Morgan, Scott and Cass shall constitute 
the fourteenth senatorial district, and be entitled to one senator. 

15. The counties of- Adams and Pike shall constitute the 
fifteenth senatorial district, and be entitled to one senator. 

16. The counties of McDonough, Schuyler, Brown and High- 
land‘ shall constitute the sixteenth senatorial district, and be en- 
titled to one senator. 

17. The counties of Hancock and Henderson shall constitute 
the seventeenth senatorial district, and be entitled to one Senator. 


*Tn the original manuscript the word “Moultrie” appears ‘“Moutrie.” 

* Highland county was authorized by an act of the general assembly 
in 1847 (Laws of 1847, p. 38), but the organization of the new county 
was never completed. 


6B. ILLINOIS HISTORICAL COLLECTIONS 


18. The counties of Fulton and Peoria shall constitute the 
eighteenth senatorial district, and be entitled to one senator. 

19. The counties of Rock Island, Henry, Mercer, Warren, 
Knox and Stark shall constitute the nineteenth senatorial district, 
_and be entitled to one senator. 

20. The counties of LaSalle, Bureau, Putnam, Marshall, Wood- 
ford, Livingston and Grundy shall constitute the twentieth sena- 
torial district, and be entitled to one senator. 

21. The counties of DuPage, Kendall, Will and Iroquois shall 
constitute the twenty-first senatorial district, and be entitled to 
one senator. 

22. The counties of Ogle, Lee, DeKalb and Kane shall consti- 
tute the twenty-second senatorial district, and be entitled to one 
senator. 

23. The counties of JoDaviess, Stephenson, Carroll, and White- 
side shall constitute the twenty-third senatorial district, and be 
entitled to one senator. 

24. The counties of McHenry, Rodue and Winnebago shall 
constitute the twenty-fourth senatorial district and be entitled 
to one senator. 

25. The counties of Cook and Lake shall constitute the twenty- 
fifth senatorial district, and be entitled to one senator. 


Representative Districts 


1. The counties of Union, Alexander and Pulaski shall con- 
stitute the first representative district, and be entitled to one rep- 
resentative. 

2. The counties of Massac, Pope and Hardin shall constitute 
the second representative district, and be entitled to one repre- 
sentative. 

3. The counties of Gallatin and Saline shall constitute the 


third representative district, and be entitled to one representative. — 


4. The counties of Johnson and Williamson shall constitute 
the fourth representative district, and be entitled to one represen- 
tative. 

5. The counties of Jackson and Franklin shall constitute the 
fifth representative district and be entitled to one representative. 


CONSTITUTION OF 1848 63 


6. The counties of Marion, Jefferson, Wayne, and Hamilton 
shall constitute the sixth representative district, and be entitled 
to three representatives; Provided, that no county in said district 
shall have more than one of said representatives, and the county 
_ from which a senator shall be selected shall not be entitled® to a 
representative residing in said county. 

7. The county of White shall constitute the seventh repre- 
sentative district, and be entitled to one representative. 

8. ‘The counties of Wabash and Edwards shall constitute the 
eighth representative district, and be entitled to one representative. 

9. The counties of Lawrence and Richland shall.constitute the 
ninth representative district, and be entitled to one representative. 

10. The counties of Crawford and Jasper shall constitute the 
tenth representative district, and be entitled to one representative. 

‘11. The county of Coles shall constitute the eleventh repre- 
sentative district, and be entitled to one representative. 

12. The county of Clark shall constitute the twelfth repre- 
sentative district, and be entitled to one representative. 

13. The counties of Cumberland, Effingham and Clay shall 
constitute the thirteenth representative district, and be entitled 
to one representative. 

14. The county of Fayette shall constitute the fourteenth rep- 
resentative district, and be entitled to one representative. 

15. The counties of Montgomery, Bond and Clinton shall con- 
stitute the fifteenth representative district, and be entitled to two 
representatives. 

16. The counties of Washington and Perry shall constitute the 
sixteenth representative district, and be entitled to one represen- 
tative. 

17. The county of Randolph shall constitute the seventeenth 
representative district, and be entitled to one representative. 

18. The county of Monroe shall constitute the eighteenth rep- 
resentative district, and be entitled to one representative. 

19. The county of Saint Clair shall constitute the nineteenth 
representative district, and be entitled to two representatives. 


*In the original manuscript the phrase “shall not be entitled” ap- 
pears twice in this sentence. 


64 ILLINOIS HISTORICAL COLLECTIONS — 


20. The county of Madison shall constitute the twentieth rep- 
resentative district, and be entitled to two representatives. 
21. The county of Macoupin shall constitute the twenty-first 
representative district, and be entitled to one representative dis- 

trict. 

22. The counties of Jersey and Greene shall constitute the 
twenty second representative district, and be entitled to two rep- 
resentatives. 

23. The county of Scott shall constitute the twenty third rep- 
resentative district, and be entitled to one representative. 

24, The county of Morgan shall constitute the twenty fourth 
representative district, and be entitled to two representatives. 

25. The counties of Cass and Menard shall constitute the 
twenty-fifth representative district, and be entitled to one repre- 
sentative. 

26. The County of Sangamon shall constitute the twenty sixth 
representative district, and be entitled to two representatives. 

27. The counties of Mason and Logan shall constitute the 
twenty seventh representative district, and be entitled to one rep- 
resentative. 

28. The county of Tazewell shall constitute the twenty eighth 
representative district, and be entitled to one representative. 

29. The counties of McLean and DeWitt shall constitute the 
twenty ninth representative district, and be entitled to one repre- 
sentative. 

30. The county of Vermilion shall constitute the thirtieth rep- 
resentative district, and be entitled to one representative. 

31. The county of Edgar shall constitute the thirty first repre- 
sentative district, and be entitled to one representative. 

32. The counties of Champaign, Piatt, Moultrie and Macon 
shall constitute the thirty second representative district, and be 
entitled to one representative. 

33. The counties of Shelby and Christian shall constitute the 
thirty third representative district, and be entitled to one repre- 
sentative. 

34. The counties of Pike and Calhoun shall constitute the 


CONSTITUTION OF 1848 65 


thirty fourth representative district, and be entitled to two repre- 
sentatives. 

35. The Counties of Adams, Highland® and Brown shall con- 
stitute the thirty fifth representative district, and be entitled to 
three representatives. 

36. The county of Schuyler shall constitute the thirty sixth 
representative district, and be entitled to one representative. 

37. The county of Hancock shall constitute the thirty seventh 
representative district, and be entitled to two representatives. 

38. The county of McDonough shall constitute the thirty 
eighth representative district, and be entitled to one representative. 

39. The county of Fulton shall constitute the thirty ninth 
representative district, and be entitled to two representatives 

40. The county of Peoria shall constitute the fortieth repre- 
sentative district, and be entitled to one representative. 

41. The county of Knox shall constitute the forty first repre- 
sentative district, and be entitled to one representative. 

42. The counties of Mercer, Warren and Henderson shall con- 
stitute the forty-second representative district, and be entitled to 
two representatives. 

43. The counties of Rock-Island, Henry and Stark shall con- 
stitute the forty third representative district, and be entitled to 
one representative. 

44. The counties of Whiteside and Lee shall constitute the 
forty fourth representative district, and be entitled to one repre- 
sentative. 

45. The counties of Carroll and Ogle shall constitute the forty 
fifth representative district, and be entitled to one representative. 

46. The counties of Jo Daviess and Stephenson shall constitute 
the forty sixth representative district, and be entitled to two repre- 
sentatives. 

47. The county of Winnebago shall constitute the forty seventh 
representative district, and be entitled to one representative. 

48. The counties of Putnam, Marshall and Woodford shall 
constitute the forty eighth representative district, and be entitled 
to one representative. 

*See ante, n. 7. 


66 ILLINOIS HISTORICAL COLLECTIONS 


49. The counties of LaSalle, Grundy, Livingston and Bureau 


shall constitute the forty-ninth representative district, and be en- 
titled to two representatives. 

50. The counties of Dupage, Kendall, Will and Tans shall 
constitute the fiftieth representative district, and be entitled to 
three representatives. 


51. The counties of Kane and DeKalb shall constitute the fifty 


first representative district, and be entitled to two representatives. 
52. The counties of Boone and McHenry shall constitute the 


fifty second representative district, and be entitled to two repre- 


sentatives. 


53. The county of Lake shall constitute the fifty third repre- 


sentative district, and be entitled to one representative. 

54. The county of Cook shall constitute the fifty fourth repre- 
sentative district, and be entitled to two representatives. 

Section 41. Until the General Assembly shall otherwise pro- 
vide, the clerks of the county commissioner’s courts in each of the 
aforesaid senatorial districts, and in such of the representative dis- 
tricts as may be composed of more than one county, shall meet at 
the county seat of the oldest county in said district, within thirty 
days next after any election for senator or representative therein, 
for the purpose of comparing and canvassing the votes given at 
such election, and the said clerks shall in all other respects conform 


to the laws, on the subject in force at the time of the adoption of. 


this Constitution. 
ARTICLE IV 


Of the Executive Department 


Section 1. The executive power of the state shall be vested 
im a governor. . 

Section 2. The first election of governor shall be held on 
Tuesday next after the first Monday in November, A. D. 1848; 
and the next election shall be held on Tuesday next after the first 
Monday of November A. D. 1852; and thereafter an election for 
governor shall be held once in four years on Tuesday next after the 
first Monday in November. The governor shall he chosen by the 
electors of the members of the General Assembly at the same places 


i 
‘ iJ 
a 
* 
a 
a 
rt. 


CONSTITUTION OF 1848 67 


and in the same manner that they shall respectively vote for 
members thereof. The returns for every election of governor shall 
be sealed up, and transmitted to the seat of government by the 
returning officers, directed to the speaker of the House of repre- 
sentatives, who shall open and publish them in the presence of a 
majority of the members of each House of the General Assembly. 
The person having the highest number of votes shall be governor: 
but if two or more be equal and highest in votes, then one of them 
shall be chosen governor by joint ballot of both Houses of the 
General Assembly. Contested elections shall be determined by 
both Houses of the General rm in such manner as shall be 
prescribed by law. 


Section 3. The first governor shall enter upon the duties of 
his office, on the second Monday of January, A. D. 1849; and shall 
hold his office until the second Monday of January, A. D. 1853, 
and until his successor shall have been elected and qualified; and 
thereafter the governor shall hold his office for the term of four 
years, and until his successor shall have been elected and qualified ; 
but he shall not be eligible to such office more than four years 
in any term of eight years, nor to any other office until after the 
expiration of the term for which he was elected. 


Section 4. No person except a citizen of the United States 
shall be eligible to the office of governor; nor shall any person be 
eligible to that office who shall not have attained the age of thirty 
five years, and been ten years a resident of this state, and fourteen 
years a citizen of the United States. 


Section 5 The governor shall reside at the seat of government, 
and receive a salary of fifteen hundred dollars per annum, which 
shall not be increased or diminished ; and he shall not, during the 
time for which he shall have been elected, receive any emolument 
from the United States, or either of them. 

SEcTIOoN 6. Before he enters upon the duties of his office, he 
shall take the following oath or affirmation, to wit: “I do solemnly 
swear—or affirm—that I will faithfully execute the duties apper- 
taining to the office of governor of the State of Illinois; and will, 
to the best of my ability, preserve, protect, and defend the consti- 


68 ILLINOIS HISTORICAL COLLECTIONS . 


tution of this state; and will, also, support the constitution of the 
United States” 

Section 7. He shall from time to time give the General As- 
sembly information of the state of the government, and recommend 
to their consideration such measures as he shall deem expedient. 

Section 8. The governor shall have power to grant reprieves, 
commutations and pardons, after conviction, for all offences except 
treason and cases of impeachment, upon such conditions, and with 
such restrictions and limitations as he may think proper, subject 
to such regulations as may be provided by law relative to the man- 
ner of applying for pardons. Upon conviction for treason he shall 
have power to suspend the execution of the sentence until the case 
shall be reported to the General Assembly at its next meeting, 
when the General Assembly shall pardon the convict commute the 
sentence, direct the execution thereof, or grant a further reprieve. 
He shall, biennially, communicate to the General Assembly each 
case of reprieve, commutation or pardon granted; stating the name 
of the convict, the crime for which he was convicted, the sentence, 
and its date, and the date of commutation, pardon or reprieve. 

Srotion 9. He may require information in writing from the 
officers in the executive department, upon any subject relating to 
the duties of their respective offices, and shall take care that the 
laws be faithfully executed. 

Sxotion 10. He may on extraordinary occasions, convene the 
General Assembly by proclamation, and shall state in said procla- 
mation the purpose for which they are to convene, and the General 
Assembly shall enter on no legislative business except that for 
which they were specially called together. 

Section 11. He shall be commander-in-chief of the army and 
navy of this state, and of the militia, except when they shall be 
called into the service of the United States. 

Section 12. The governor shall nominate, and, by and with the 
advice and consent of the senate, (a majority of all the senators 
concurring), appoint all officers, whose offices are established by 
this Constitution, or which may, be created by law, and whose 
appointments are not otherwise provided for; and no such officer 
shall be appointed or elected by the General Assembly. 


CONSTITUTION OF 1848 69 


Bunn et al. v. People ex rel., 45 Ill., 397. 

SEcTION 13. In case of disagreement between the two Houses 
with respect to the time of adjournment, the governor shall have 
power to adjourn the General Assembly to such time as he thinks 
proper, provided, it be not to a period beyond the next constitu- 
tional meeting of the same. 

People ez rel. v. Hatch, 33 Iil., 9. 

SEcTIoN 14. A lieutenant governor shall be chosen at every 
election of governor, in the same manner, continue in office for the 
same time, and possess the same qualifications. In voting for 
governor and lieutenant governor, the electors shall distinguish 
whom they vote for as governor, and whom as lieutenant governor 

SEcTion 15. The lieutenant governor shall, by virtue of his 
office, be speaker of the senate; have a right when in committee of 
the whole, to debate and vote on all subjects, and, whenever the 
Senate are equally divided, to give the casting vote. 

SECTION 16. Whenever the government shall be administered 
by the lieutenant governor, or he shall be unable to attend as 
speaker of the Senate, the senators shall elect one of their own 
number as speaker for that occasion; and if during the vacancy of 
the office of governor the lieutenant governor shall be impeached, 
removed from office, refuse to qualify, or resign or die, or be absent 
from the state, the speaker of the Senate shall, in like manner, 
administer the government. 

SECTION 17. The lieutenant governor, while he acts as speaker 
of the Senate, shall receive for his service, the same compensation 
which shall, for the same period, be allowed to the speaker of the 
House of Representatives, and no more. 

Section 18. If the lieutenant governor shall be called upon to 
administer the government, and shall while in such administration, 
Tesign, die, or be absent from the state, during the recess of the 
General Assembly, it shall be the duty of the Secretary of State 
for the time being, to convene the Senate for the purpose of choos- 
ing a speaker. 

SEcTION 19 In case of the impeachment of the governor, his 
absence from the state, or inability to discharge the duties of his 
office, the powers, duties and emoluments of the office shall devolve 


Rae Tah che Bas aaah eis bh age i Stet ais ee hig da AW ia 3 
a ose CO NSA NAAN A Re hte NC RN ae FR RR Ba eT rl 


70 ILLINOIS HISTORICAL COLLECTIONS — x 


upon the lieutenant governor, and in case of his death, resignation 
or removal, then upon the speaker of the Senate for the time being, 
until the governor, absent or impeached, shall return or be ac- 
quitted; or until the disqualification or inability shall cease, or 
until a new governor shall be elected and qualified. ‘ 

SECTION 20. In case of a vacancy in the office of governor, for 
any other cause than those herein enumerated; or in case of the 
death of the governor elect before he is qualified, the powers, duties 
and emoluments of the office shall devolve upon the lieutenant gov- 
ernor, or speaker of the Senate, as above provided until a new 
governor be elected and qualified. 

Section 21. Every bill which shall have passed the Senate and 
House of Representatives shall, before it becomes a law, be pre- 
sented to the governor; if he approve, he shall sign it; but if not, 
he shall return it, with his objections, to the House in which it 
shall have originated ; and the said House shall enter the objections 
at large on their journal, and proceed to reconsider it. If, after 
such reconsideration, a majority of the members elected, shall 
agree to pass the bill, it shall be sent, together with the objections 
to the other House, by which it shall likewise be reconsidered ; 
and if approved by a majority of the members elected, it shall be- 
come a law, notwithstanding the objections of the governor; but 
in all such cases, the votes of both Houses shall be determined by 
yeas and nays, to be entered on the journal of each House respec- 
tively. If any bill shall not be returned by the governor within 
ten days—(Sundays excepted)—after it shall have been presented. 
to him, the same shall be a law, in like manner as if he had 
signed it, unless the General Assembly shall by their adjournment, 
prevent its return; in which case the said bill shall be returned 
on the first day of the meeting of the General Assembly after the 
expiration of said ten days, or be a law. 

People ex rel. v, Hatch, 33 Iil., 9. 

SEctrion 22. There shall be elected by the qualified electors of 
this state, at the same time of the election for governor, a Secretary 
of State, whose term of office shall be the same as that of the 
governor, who shall keep a fair register of the official acts of 
the governor, and when required, shall lay the same, and all papers, 


CONSTITUTION OF 1848 71 


minutes and vouchers relative thereto, before either branch of the 
General Assembly; and shall perform such other duties as shall 
be assigned him by law, and shall receive a salary of eight hundred 
dollars per annum, and no more, except fees. Provided, That if 
the office of Secretary of State, should be vacated by death, resig- 
nation or otherwise, it shall be the duty of the governor to appoint 
another who shall hold his office until another Secretary shall be 
elected and qualified. 

Section 23. There shall be chosen by the qualified electors 
throughout the state an Auditor of Public Accounts, who shall hold 
his office for the term of four years, and until his successor is 
qualified, and whose duties shall be regulated by law, and who shall 
receive a salary, exclusive of clerk hire of one thousand dollars per 
annum for his services, and no more. 

People ex rel. v. Hatch, 33 IIl., 9. 

SECTION 24. There shall be elected by the qualified electors 
throughout the state, a state treasurer, who shall hold his office 
for two years, and until his successor is qualified; whose duties 
may be regulated by law, and who shall receive a salary of eight 
hundred dollars per annum, and no more. 

Section 25. All grants and commissions shall be sealed with 
the great seal of state, signed by the governor or person adminis- 
tering the government, and countersigned by the Secretary of State. 

Section 26. The governor and all other civil officers, shall be 
liable to impeachment for misdemeanor in office, during their con- 
- tinuance in office, and for two years thereafter. 


ARTICLE V 
Of the Judiciary Department 


Section 1. The judicial power of this State shall be, and is 
hereby vested in one supreme court, in circuit courts, in county 
courts, and in justices of the peace: provided, that inferior local 
courts of civil and criminal jurisdiction may be established by the 
General Assembly in the cities of this state, but such courts shall 
have a uniform organization and jurisdiction in such cities. 

—8 HC 


Bis at sete 


Aig REFER leven Say HR gh ahaa 


72 ILLINOIS HISTORICAL COLLECTIONS 


People v. Maynard, 14 Ill, 419; Perry v. People, 14 Iil., 496; 


Solomon v. People, 15 Ill., 291; McDonnell v. Olwell et al., 17 Ii, 


375; Stow v. People, 25 Iil., 81; Rowe v. Bowen, 28 Jil., 116; Board 
of Supervisors of Bureau County v. Chicago, Burlington, and 
Quincy Railroad Company, 44 Ill., 229; Poppen v. Holmes, 44 Tiz., 
360; Holmes v. Fihlenburg, 54 JUl., 203; Reid et al. v. Morton, 
119 Iil., 118. ; 

SECTION 2. The supreme court shall consist of three judges, two 
of‘ whom shall form a quorum; and the concurrence of two of 
said judges shall in all cases be necessary to a decision. 

Section 3. The state shall be divided into three grand divi- 
sions, as nearly equal as may be, and the qualified electors of each 
division shall elect one of the said judges for the term of nine 
years; provided, that after the first election of such judges the 
General Assembly may have the power to provide by law, for their 
election by the whole state, or by divisions, as they may deem most 
expedient. 

Section 4. The office of one of said judges shall be vacated 
after the first election held under this article in three years, of one 
in six years, and of one in nine years, to be decided by lot, so that 
one of said judges shall be elected once in every three years; The 
judge having the longest term to serve, shall be the first chief 
justice, after which the judge having the oldest commission shall 
be chief justice. | 


Srction 5 The supreme court may have original jurisdiction — 


in cases relative to the revenue, in cases of mandamus, habeas 
corpus, and in such cases of impeachment as may be by law directed 
to be tried before it; and shall have appellate jurisdiction in all 
other cases. . 

Crull v. Keener, 17 Iil., 246; Campbell v. Campbell, 22 Jil, 664; 
People ex rel. v. Smith, 51 Ill, 177; St. Louis and Southeastern 
Railway Company v. Lux, 68 Ill., 523. 

Secrion 6. The supreme court shall hold one term annually 
in each of the aforesaid grand divisions, at such time and place in 
each of said divisions as may be provided for by law. 

Szotion %. The state shall be divided into nine judicial dis- 
tricts, in each of which one cireuit judge shall be elected by the 
qualified electors thereof, who shall hold his office for the term of 


<i 


CONSTITUTION OF 1848 73 


six years, and until his successor shall be commissioned and quali- 
fied ; provided, that the General Assembly may increase the number 
of circuits to meet the future exigencies of the State. 
People v. Dubois, 23 Iil., 547; People v. Bangs, 24 I71., 184. 
Section 8. There shall be two or more terms of the circuit 
court held annually in each county of this state at such times as 
shall be provided by law, and said courts shall have jurisdiction in 
all cases at law and equity and in all cases of appeals from all 
inferior courts. 
Burns v. Henderson, 20 J71., 264; Lansing v. Hunter, 25 Ii1., 247; 
Ohio and Mississippi Railroad Company v. Lawrence County, 27 
Tl., 50. 


Szotion 9. All vacancies in the supreme and circuit courts 
shall be filled by election as aforesaid; Provided, however, that if 
the unexpired term does not exceed one year, such vacancy may 
be filled by executive appointment. 

Section 10. The judges of the supreme court shall receive a 
salary of twelve hundred dollars per annum, payable quarterly, and 
no more. The judges of the circuit courts shall receive a salary 
of one thousand dollars per annum, payable quarterly, and no more. 
The judges of the supreme and circuit courts shall not be eligible 
to any other office or public trust of profit in this state, or the 
United States, during the term for which they are elected, nor for 
one year thereafter. All votes for either of them for any elective 
office (except that of judge of the supremevor circuit court,) given 
by the General Assembly or the people, shall be void. 

See People ez rel. v. Lippincott, 67 JT1., 333. 

Section 11. No person shall be eligible to the office of judge of 
any court of this state who is not a citizen of the United States, and 
who shall not have resided in this state five years next preceding 
his election, and who shall not for two years next preceding his 
election, have resided in the division, circuit, or county in which 
he shall be elected. Nor shall any person be elected judge of the 
supreme court who shall be at the time of his election under 
the age of thirty-five years. And no person shall be eligible to the 
office of judge of the circuit court until he shall have attained 


the age of thirty years. 
People v. Wilson, 15 Ii1., 388. 


74 ILLINOIS HISTORICAL COLLECTIONS 


-SEcTion 12 For any reasonable cause to be entered on the 
journals of each House, which shall not be sufficient ground for 
impeachment, both justices of the supreme court, and judges of 
the circuit court, shall be removed from office on the vote of two- 
thirds of the members elected to each branch of the General As- 
sembly ; Provided always, that no member of either House of the 
General Assembly, shall be eligible to fill the vacancy occasioned ° 
by such removal; provided also, that no removal shall be made, un- 
less the justice or judge complained of shall have been served with 
a copy of the complaint against him, and shall have an opportunity 
of being heard in his defence. 

SEction 13. The first election for justices of the supreme court, 
and judges of the circuit courts, shall be held on the first Monday 
of September 1848. 

Section 14. The second election for one justice of the supreme 
court, shall be held on the first Monday of June, 1852, and every 
three years thereafter, an election shall be held for one justice of 
the supreme court. 

SEcTIoN 15. On the first Monday of June, 1855, and every 
sixth year thereafter, an election shall be held for judges of the 
circuit courts. Provided, whenever an additional cireuit is created, 
such provision may be made as to hold the second election of such 
additional judge, at the regular election herein provided. 

Sxction 16. There shall be in each county a court to be called 
a county court. 

SEcTion 17. One county judge shall be elected by the qualified 
voters of each county, who shall hold his office for four years, and 
until such successor is elected and qualified. 

Section 18. The jurisdiction of said court shall extend to all 
probate and such other jurisdiction as the General Assembly may 
confer in civil cases, and such criminal cases as may be prescribed 
bylaw where the punishment is by fine only, not exceeding one 
hundred dollars. 

Board of School Inspectors of the City of Peoria v. People, 20 
Til., 525. 

Section 19. The county judge, with such justices of the peace 

in each county as may be designated by law, shall hold terms for the 


CONSTITUTION OF 1848 75 


transaction of county business, and shall perform such other duties 
as the General Assembly shall prescribe. Provided, the General 
Assembly may require, that two justices to be chosen by the quali- 
fied electors of each county shall sit with the county judge in all 
cases; and there shall be elected quadrennially in each county, a 
clerk of the county court, who shall be ez officio recorder, whose 
compensation shall be fees. Provided, the General Assembly may 
by law, make the clerk of the circuit court ezofficio recorder, in 
lieu of the county clerk. 

Section 20 The General Assembly shall provide for the com- 
pensation of the county judges 

SEcTION 21. The clerks of the supreme and circuit courts, and 
state’s attorneys shall be elected at the first special election for 
judges. The second election for clerks of the supreme court, shall 
be held on the first Monday of June, 1855, and every sixth year 
thereafter. The second election for clerks of the circuit courts 
and state’s attorneys shall be held on the Tuesday next after the 
first Monday of November, 1852, and every fourth year thereafter. 

SEcTIonN 22. All judges and state’s attorneys shall be commis- 
sioned by the governor. 

SEctTion 23. The election of all officers, and the filling of all 
vacancies that may happen by death, resignation or removal, not 
otherwise directed or provided for by this constitution, shall be 
made in such manner as the General Assembly shall direct, pro- 
vided that no such officer shal! be elected by the General As- 
sembly. 

Bunn ef al. v. People ez rel., 45 IIl., 397. 

Section 24. The General Assembly may authorize the judg- 
ments, decrees and decisions of any local, inferior court of record, 
of original, civil or criminal jurisdiction, established in a city, 
to be removed for revision, directly into the supreme court. 

SECTION 25. County Judges, clerks, sheriffs, and other county 
officers, for wilful neglect of duty, or misdemeanor in office shall 
be lable to presentment or indictment by a grand jury, and trial 
by a petit?® jury, and upon conviction, shall be removed from 
office. 


*TIn the original manuscript the word “petit” appears “pettit.” 


ao” a dete wi eae fc Wehthaste ts i A ty tt aS sabe 


Weary 


76 ILLINOIS HISTORICAL COLLECTIONS 


SecTIon 26. All process, writs and other proceedings shall run 


in the name of “Zhe people of the State of Illinois.” All prose- 


cutions shall be carried on “In the name and by the authority of 


the people of the State of Illinois,” and conclude, “against the 
peace and dignity of the same.” 


Donnelly v. People ex rel., 11 Ill., 552; McFadden v. Fortier, 20 
Iil., 509; Leighton v. Hall, 31 Iil., 108. 


Section 27. There shall be elected in each county in this state, 
in such districts as the General Assembly may direct, by the quali- 
fied electors thereof, a competent number of justices of the peace, 
who shall hold their offices for the term of four years, and until 


their successors shall have been elected and qualified, and who 


shall perform such duties, receive such compensation, and exercise 
such jurisdiction as may be prescribed bylaw. 


People v. Maynard, 14 Iil., 419; in re James Welsh, 17 TIit., 161. 


SEcTION 28. There shall be elected in each of the judicial cir- 
cuits of this state, by the qualified electors thereof, one states 
attorney, who shall hold his office for the term of four years, and 
until his successor shall be commissioned and qualified, who shall 
perform such duties and receive such compensation as may be pre- 
scribed by law. Provided, That the General Assembly may here- 
after provide by law for the election by the qualified voters of each 
county in this state of one county attorney for each county, in lieu 
of the state’s attorneys provided for in this section. The term of 
office, duties and compensation of which county attorneys shall be 
regulated by law. 

Section 29. The qualified electors of each county in this state 
shall elect a clerk of the circuit court, who shall hold his office for 


the term of four years, and until his successor shall haye been — 


elected and qualified, who shall perform such duties and receive 
such compensation as may be prescribed by law. The clerks of the 
supreme court shall be elected in each division by the qualified 
electors thereof, for the term of six years, and until their suc- 
cessors shall have been elected and qualified; whose duties and 
compensation shall be provided bylaw. 


Section 30. The first grand division, for the election of Judges 


| sth a bo Bl 
ieee 


CONSTITUTION OF 1848 77 


of the Supreme Court, shall consist of the counties of Alexander, 
Pulaski, Massac, Pope, Hardin, Gallatin, Saline Williamson, John- 
son, Union, Jackson, Randolph, Perry, Franklin, Hamilton, White 
Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, Saint 
Clair, Clinton, Marion Clay, Richland, Lawrence, Crawford, Jasper 
Effingham, Fayette, Bond, Madison, Jersey and Calhoun 

The Second grand division shall consist of the counties of Edgar, 
Coles, Moultrie Shelby, Montgomery, Macoupin, Green Pike 
Adams, Highland," Hancock, McDonough, Schuyler Brown, Ful- 
ton, Mason Cass Morgan Scott Sangamon, Christian Macon Piatt 
Champaign Vermilion De Witt Logan Menard Cumberland and 
Clark 

The Third grand division shall consist of the counties of Hen- 
derson, Warren Knox Peoria Tazewell, Woodford, McLean Livings- 
ton, Iroquois, Will, Grundy Kendall Lasalle Putnam, Marshall, 
Stark, Bureau Henry Mercer Rock-Island Whiteside Lee Carroli 
Jo-Daviess, Stephenson Winebago, Ogle, De Kalb, Boone Kane 
McHenry Lake, Cook and Du Page. 

SecTion 31. The Terms of the Supreme Court for the first 
division shall be held at Mount Vernon in Jefferson County: for 
the second division, at Springfield in Sangamon County: for the 
third division at Ottawa in La Salle County, until some other 
place in either division is fixed by law 

Srotion 32. Appeals and writs of error may be taken from the 
Cireuit Court of any county to the Supreme Court held in the 
division which includes such county, or with the consent of all the 
parties in the cause, to the Supreme Court, in the next adjoining 
division. 

SECTION 33. The foregoing districts may, after the taking of 
each census by the State be altered, if necessary, to equalize the 
said districts in population: but such alteration shall be made, by 
adding to such districts such adjacent county or counties, as will 
make said district nearest equal in population—provided no such 
alteration shall affect the office of any judge then in office. 


4 See ante, n. 7. 


1g ILLINOIS HISTORICAL COLLECTIONS 


ARTICLE YI 
On Elections and the Right of Suffrage 


Section 1. In all elections every white male citizen, above the 
age of twenty one years, having resided in the state one year next 
preceding any election, shall be entitled to vote at such election; 
and every white male inhabitant of the age aforesaid, who may be a 
resident of the state at the time of the adoption of this constitution 
shall have the right of voting as aforesaid; but no such citizen or 
inhabitant shall be entitled to vote except in the district or county 
in which he shall actually reside at the time of such election. 

Board of Supervisors et al. v. Davis et al., 63 Iil., 405. 

Section 2. All votes shall be given by ballot. 

Section 3. Hlectors shall in all cases, except treason, felony, 
or breach of the peace, be privilged from arrest during their 
attendance at elections, and in going to and returning from the 
same. 

Szotion 4. No elector shall be obliged to do militia duty on 
the days of election, except in time of war or public danger. 

Section 5. No elector shall be deemed to have lost his resi- 
dence in this state by reason of his absence on the business of the 
United States, or of this state. 

Section 6. No soldier, seaman, or marine in the army or navy 
of the United States, shall be deemed a resident of this state in 
consequence of being stationed at any military or naval place 
within the same. 

Srction 7. No person shall be elected or appointed to any 
office in this state, civil or military, who is not a citizen of the 
United States, and who shall not have resided in this state one 
year next before the election or appointment. 

SEction 8. The General Assembly shall have full power to pass 
laws excluding from the right of suffrage persons convicted of in- 
famous crimes. 

Szction 9. The General Elections shall be held on the Tuesday 
next after the first Monday of November, biecaaa until other- 
wise provided by law. 

People ex rel. v. Garner et al., 47 Ill., 246. 


CONSTITUTION OF .1848 79 


ARTICLE VII 
Of Counties 


Section 1. No new county shall be formed or established by 
the General Assembly which will reduce the county or counties or 
either of them from which it shall be taken to less contents than 
four hundred square miles, nor shall any county be formed of less 
contents, nor shall any line thereof pass within less than ten miles 
of any county seat of the county or counties proposed to be divided. 

People ex rel. v. Marshall, 12 Jil, 391. 

Section 2. No county shall be divided or have any part 
stricken therefrom without submitting the question to a vote of the 
people of the county, nor unless a majority of all the legal voters 
of the county voting on the question, shall vote for the same. 


People ex rel. v. Marshall, 12 Jll., 391; Rock Island County v. 
Sage, 88 Ill, 582. 


SEcTion 3. All territory which has been, or may be stricken off 
by legislative enactment, from any organized county or counties for 
the purpose of forming a new county and which shall remain un- 
organized after the period provided for such organization, shall be 
and remain a part of the county or counties from which it was 
originally taken, for all purposes of county and state government, 
until otherwise provided by law. 

Szction 4 There shall be no territory stricken from any county 
unless a majority of the voters living in such territory shall peti- 
tion for such division, and no territory shall be added to any 
county without the consent of a majority of the voters of the county 
to which it is proposed to be added. 

People ex rel. v. Marshall, 12 Jll., 391; Rock Island County v. 
Sage, 88 IT1., 582. 

SzcTion 5. No county seat shall be removed until the point to 
which it is proposed to be removed, shall be fixed by law, and a 
majority of the voters of the county shall have voted in favor of 


its removal to such point. 
People ex rel. v. Marshall, 12 Iil., 391; People ex rel. v. Warfield, 
20 Iil., 159; People ex rel. v. Wiant, 48 I71., 263. 


SECTION 6. The General Assembly shall provide by a general 
law, for a township organization, under which any county may 


80 ILLINOIS HISTORICAL COLLECTIONS 


- organize, whenever a majority of the voters of such county at any 
general election shall so determine. And whenever any county 


shall adopt a township organization, so much of this constitution — 


as provides for the management of the fiscal concerns of the said 
county, by the county court may be dispensed with and the affairs 
of said county may be transacted, in such manner as the General 
Assembly may provide. 
People v. Brown, 11 Ill., 479; People v. Couchman ef al., 15 JI, 
142; Greeley et al. v. People, 60 Iil., 19; Leach v. People eg rel., 
122 Ill., 420. 

Szotion 7%. There shall be elected in each county in this state, 
by the qualified electors thereof, a sheriff, who shall hold his office 
for the term of two years, and until his successor shall have been 
elected and qualified. Provided, no person shall be eligible ie the 
said office more than once in four years. 


ARTICLE VIII 
Militia 


SrecTion 1. The Militia of the state of Illinois shall consist of | 


all free male able-bodied persons, negroes, mulattoes and Indians 
excepted, resident of the state, between the ages of eighteen and 
forty five years, except such persons as now are or hereafter may 
be exempted by the laws of the United States or of this State, and 


shall be armed, equipped, and trained as the General Assembly 


may provide by law. 

Srorron 2. No person or persons conscientously scrupulous of 
bearing arms shall be compelled to do militia duty in time of peace, 
_ provided such person or persons shall pay an equivalent for such 
exemption. er 

Section 3. Company, battalion and regimental officers, staff 
officers excepted, shall be elected, by the persons composing their 
several companies, battalions, and regiments. 

Srotion 4. Brigadier and Major Generals shall be peated by 
the officers of their brigades and divisions respectively. 

Section 5. All militia officers shall be commissioned by the 


Governor, and may hold their commissions for such time as the 


Legislature may provide. 


a 
ay |) 
Ve 
a 


CONSTITUTION OF 1848 81 


Sxction 6. The militia shall, in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during 
their attendance at musters and elections of officers, and in going 
to, and returning from the same. 


ARTICLE IX 
Of the Revenue 


Srction 1. The General Assembly may, whenever they shall 
deem it necessary, cause to be collected from all able-bodied, free, 
white male inhabitants of this state, over the age of twenty one 
years, and under the age of sixty years, who are entitled to the 
right of suffrage, a capitation tax of not less than fifty cents nor 
more than one dollar each. 

Town of Pleasant v. Kost, 29 Zil., 490; Fox v. City of Rockford, 
$8 Il, 451. 

Srotion 2. The General Assembly shall provide for levying a 
tax by valuation, so that every person and corporation shall pay a 
tax in proportion to the value of his or her property; such value to 
be ascertained by some person or persons to be elected or appointed 
in such manner as the General Assembly shall direct, and not 
otherwise; but the General Assembly shall have power to tax ped- 
lars, auctioneers, brokers, hawkers, merchants, commission mer- 
chants, showmen, juggles, innkeepers, Grocery keepers, toll-bridges 
and ferries, and persons using and exercising franchises, and 
privileges in such manner as they shall from time to time direct. 


People v. Worthington, 21 I/l., 171; City of Chicago v. Larned 
et al., 34 Iil., 203; People v. Bradley et al., 39 Ill., 180; but see 
Bradley v. People, 4 Wallace (71 U. S.), 459; City of Ottawa v. 
Spencer e¢ al., 40 Iil., 211; Board of Supervisors of Bureau County 
v. Chicago, Burlington, and Quincy Railroad Company, 44 Ill., 229; 
Scammon e¢ al. v. City of Chicago, 44 ITl., 269; People ex rel. v. 
Salomon, 46 Iil., 333; City of Hast St. Louis v. Wehrung, 46 II1., 
392; City of Dunleith v. Reynolds, Saulpaugh, and Company, 53 
Til., 45; Primm et al. v. City of Belleville et al., 59 Iil., 142; Town 
of Lebanon ez al. v. Ohio and Mississippi Railway Company, 77 JI1., 
539. 


SrotTion 3. The property of the state and counties both real 
and personal, and such other property as the General Assembly 


82 ILLINOIS HISTORICAL COLLECTIONS 


may deem necessary for school, religious, and charitable purposes, 
may be exempted from taxation. 


People ex rel. v. Barger, 62 Ill., 452; Northwestern University 
v. People ex rel., 86 Ill., 141; City of Chicago v. Baptist Theological 
Union, 115 Iil., 245. 


SzotTion 4. Hereafter no purchaser of any land or town lot, at 
any sale of lands or town lots, for taxes due either to this state or 
any county, or incorporated town or city within the same; or at any 
sale for taxes’* or levies authorized by the laws of this state, shall 
be entitled to a deed for the lands or town lot so purchased until 
he or she have complied with the following conditions, to wit: such 
purchaser shall serve or cause to be served a written notice of such 
purchase on every person in possession of such land or town lot, 
three months before the expiration of the time of redemption on 
such sale; in which notice he shall state when he purchased the 
land or town lot, the description of the land or lot he has pur- 
chased, and when the time of redemption will expire. In like 
manner he shall serve on the person or persons in whose name or 
names such land or lot is taxed a similar written notice, if such 
person or persons’ shall reside in the county where such land or lot 
shall be situated; and in the event that the person or persons in 
whose name or names the land or lot is taxed do not reside in the 
county, such purchaser shall publish such notice in some newspaper 
printed in such county; and if no newspaper is printed in the 
county, then in the nearest newspaper that is published in this 
state to the county in which such lot or land is situated; which 
notice shall be inserted three times, the last time not less than 
three months, before the time of redemption shall expire. Every 
such purchaser by himself or agent, shall, before he shall be en- 
titled to a deed, make an affidavit of his having complied with the 
conditions of this section, stating particularly the facts relied on, 
as such eompliance; which affidavit shall be delivered to the person 
authorized by law to execute such tax deed, and which shall by him 
be filed with the officer having custody of the records of lands and 
lots sold for taxes and entries of redemption in the county where 


“Tn the original manuscript the word “taxes” appears “taxies.” 
Jn the original manuscript the word “persons” appears “person.” 


Tee 4 


4 


CONSTITUTION OF 1848 83 


such land or lot shall lie, to be by such officer entered on the records 
of his office and carefully preserved among the files of his office, 
and which record or affidavit shall be prima facie evidence that 
such notice has been given. Any person swearing falsely in such 
affidavit shall be deemed guilty of perjury and punished accord- 
ingly. In case any person shall be compelled under this section 
to publish a notice in a newspaper, then, before any person who 
may have a right to redeem such land or lot from such tax sale, 
shall be permitted to redeem, he or she shall pay the officer or 
person, who by law is authorized to receive such redemption money, 
the printer’s fee for publishing such notice, and the expenses of 
swearing or affirming to the affidavit, and filing the same. 

Weer v. Hahn, 15 Jl1., 298; Williams v. Underhill, 58 J71., 137. 

Section 5. The corporate authorities of counties, townships, 
school districts, cities, towns and villages may be vested with power 
to assess and collect taxes for corporate purposes, such taxes to be 
uniform in respect to persons and property, within the jurisdiction 
of the body imposing the same. And the General Assembly shall 
require that all the property within the limits of municipal cor- 
porations belonging to individuals shall be taxed for the payment 
of debts contracted under authority of law. 

Shaw v. Dennis, 5 Gilman (10 ITl.), 405; Merritt et al. v. Farriss 
et al., 22 Iit., 503; Johnson v. County of Stark, 24 IIl., 75; City of 
Chicago v. Larned e¢ al., 34 Ill., 203; but see White v. People ez 
rel., 94 Ill., 604; President and Trustees of the Town of Keithsburg 
v. Frick, 34 I11., 405; Taylor v. Thompson ef al., 42 Iil., 9; Board 
of Supervisors of Bureau County v. Chicago, Burlington, and 
Quincy Railroad Company, 44 Jil., 229; Scammon e¢ al. v. City of 
Chicago, 44 Iil., 269; City of East St. Louis v. Wehrung, 46 JI1., 
392; People et al. v. Salomon, 51 Iil., 37; Harward et al. v. St. 
Clair and Monroe Levee and Drainage Company e# al., 51 IIl., 130; 
Wider et al. v. City of East St. Louis et al., 55 Ill., 133; Gage et al. 
». Graham ef al., 57 Ill., 144; County Court of Madison County v. 
People ez rel., 58 I7l., 456; Primm e¢ al. v. City of Belleville eé al., 
59 Iil., 142; Marshall et al. v. Silliman e¢ al., 61 Til., 218; Board of 
Supervisors of Livingston County v. Weider, 64 Iil., 427; Sherlock 
et al. v. Village of Winnetka, 68 IJT71., 530. 

Section 6. The specifications of the objects and subjects of 
taxation shall not deprive the General Assembly of the power to 


84 ILLINOIS HISTORICAL COLLECTIONS 


require other objects or subjects to be taxed in such manner as may 


be consistent with the principles of taxation fixed in this consti- — 


tution. 
ARTICLE X 
Corporations 
SecTIon 1. Corporations not possessing banking powers or 
privileges, may be formed under general laws, but shall not be 
created by special acts, except for municipal purposes, and, in cases 
where, in the judgment of the General Assembly, the objects of the 
corporation cannot be attained under general laws. 
Johnson v. Joliet and Chicago Railroad Company, 23 Til., 202. 
Section 2 Dues from corporations not possessing banking 
powers or privileges shall be secured by such individual liabilities 
of the corporators, or other means, as may be prescribed by law. 
Arenz v. Weir, 89 Ill., 25; Diversey v. Smith, 103 Iil., 378. 


Srctrion 3. No state bank shall hereafter be created nor shall 


the state own or be liable for, any stock in any corporation or joint ~ 


stock association for banking purposes to be hereafter created. 

Section 4 The stockholders in every corporation, or joint 
stock association for banking purposes, issuing bank notes, or any 
kind of paper credits to circulate as money, shall be individually 
responsible to the amount of their respective share or shares of 
stock in any such corporation or association for all its debts and 
liabilities of every kind. 

People ex rel. v. Loewenthal et al., 93 Il., 191. 

Srction 5 No act of the General Assembly authorizing cor- 
porations or associations with banking powers, shall go into effect, 
or in any manner be in force unless the same shall be submitted to 
the people at the General Election next succeeding the passage of 
the same, and be approved by a majority of all the votes cast at 
such election for and against such law. 


Smith v. Bryan, 34 ITl., 364; People ex rel. v. Loewenthal ez al., 


93 IU., 191. 
Szction 6 The General Assembly shall encourage Internal 


Improvements, by passing liberal general laws of incorporation for | 


that purpose. 


CONSTITUTION OF 1848 85 


ARTICLE XI 
Commons 


All lands which have been granted as a “common” to the inhabi- 
tants of any town, hamlet, village or corporation by any person, 
body politic or corporate, or by any government having power to 
make such grant, shall forever remain common to the inhabitants 
of such town, hamlet, village or incorporation; but the said com- 
mons or any of them, or any part thereof may be divided, leased, 
or granted, in such manner as may hereafter be provided by law, 
on petition of a majority of the qualified voters interested in such 


commons or any of them. 
Stead et al. v. President and Trustees of the Commons of Kas- 
kaskia, 243 Ill., 239; Land Commissioners v. President and Trus- 
tees of the Commons of Kaskaskia et al., 249 Ill., 578. 


ARTICLE XII 
Amendments to the Constitution 


SEction 1. Whenever twothirds of all the members elected to 
each branch of the General Assembly shall think it necessary to 
alter or amend this constitution, they shall recommend to the elec- 
tors at the next election of members of the General Assembly to 
vote for or against a convention; and if it shall appear that a 
majority of all the electors of the state voting for representatives 
have voted for a convention, the General Assembly shall, at their 
next session call a convention to consist of as many members as the 
House of Representatives at the time of making said call, to be 
chosen in the same manner, at the same place, and by the same 
electors in the same districts that chose the members of the House 
of Representatives, and which convention shall meet within three 
months after the said election for the purpose of revising, altering 
or amending this constitution. 

SEcTion 2. Any amendment or amendments to this constitu- 
tion may be proposed in either branch of the General Assembly, 
and if the same shall be agreed to by two-thirds of all the members 
elect in each of the two Houses, such proposed amendment or 
amendments shall be referred to the next regular session of the 


86 ILIINOIS H ISTORICAL COLLECTIONS 


General Assembly, and shall be published at least three months 
previous to the time of holding the next election for members of 
the House of Representatives, and if, (at the next regular session 
of the General Assembly after said election) a majority of all the 
members elect in each branch of the General Assembly shall agree 
to said amendment or amendments, then it shall be their duty to 
submit the same to the people at the next general election for their 
adoption or rejection in such manner as may be prescribed by law, 
and if a majority of all the electors voting at such election for 
members of the House of Representatives shall vote for such amend- 
ment or amendments, the same shall become a part of the constitu- 
tion. But the General Assembly shall not have power to propose 
an amendment or amendments to more than one article of the 
constitution at the same session. 


ARTICLE XIII 


That the general, great and essential principles of liberty, and 
free government may be recognized and unalterably established, 

We Declare: 

Section 1. That all men are born equally free and independ- 
ent, and have certain inherent and indefeasible rights; among 
which are those of enjoying and defending life and liberty, and of 
acquiring, possessing and protecting property and reputation, and 
of pursuing their own happiness. 

Hone v. Ammons, 1# Ill., 29; Lane v. Soulard e¢ al., 15 Il., 123; 
Rodney v. Illinois Central Railroad Company, 19 I/l., 42; People 
ex rel. v. Turner, 55 Ill., 280. 

Szotion 2 That all power is inherent in the people, ee all 
free governments are founded on their authority, and instituted — 
for their peace, safety and happiness. 

Section 38. That all men have a natural and indefeasible right 
to worship Almighty God according to the dictates of their own 
consciences ; that no man can of right be compelled to attend, erect, 
or support any place of worship, or to maintain any ministry 
against his consent; that no human authority can in any case 
whatever control or interfere with the rights of conscience, and 


CONSTITUTION OF 1848 87 


that no preference shall ever be given by law to any religious 
establishments or modes of worship. 
Central Military Tract Railroad Company v. Rockafellow, 17 
Til., 541. 

Srction 4 That no religious test shall ever be required as a 
qualification to any office, or public trust under this state. 

Section 5 That all elections shall be free and equal. 

Section 6 That the right of trial by jury shall remain invio- 
late, and shall extend to all cases at law, without regard to the 
amount in controversy. 

Ross v. Irving, 14 Ill., 171; Johnson v. Joliet and Chicago Rail- 
road Company, 23 Jil., 202; Hopkins v. Ladd, 35 Ill., 178; Ware v. 
Nottinger, 35 Jll., 375; Bullock v. Geomble, 45 Jil., 218. 

Srotion 7. That the people shall be secure in their persons, 
houses, papers, and possessions from unreasonable searches and 
seizures, and that general warrants whereby an officer may be 
commanded to search suspected places without evidence of the fact 
committed, or to seize any person or persons not named, whose 
offences are not particularly** described and supported by evidence, 
are dangerous to liberty, and ought not to be granted. 

Section 8. That no freeman shall be imprisoned or disseized 
of his freehold, liberties or privileges, or outlawed or exiled, or in 
any manner deprived of his life, liberty or property, but by the 
judgment of his peers, or the law of the land. 


Harding v. Butts, 18 Jil., 502; Newland v. Marsh, 19 IIl., 376; 
Rose et al. v. Sanderson, 38 Ill., 247; Nesbitt v. Trumbo et al., 39 
Til., 110; Hunter v. Hatch, 45 Iil., 178; Darst et al. v. People, 51 
Iil., 286. ‘ 


Section 9. That in all criminal prosecutions, the accused hath 
a right to be heard by himself and counsel, to demand the nature 
and cause of the accusation against him; to meet the witnesses 
face to face; to have compulsory process to compel the attendance 
of witnesses in his favor; and in prosecutions by indictment or 
information, a speedy public trial by an impartial jury of the 
county or district wherein the offence shall be committed, which 

4%Tn the original manuscript the word “particularly” appears “par- 


ticulary.” 
—9 HC 


88 ILLINOIS HISTORICAL COLLECTIONS 


county or district shall have been previously ascertained by law shelie 


and that he shall not be compelled to give evidence against himself. 

Morton v. People, 47 Iil., 468. 

Section 10. No person shall be held to answer for a criminal 
offence unless on the presentment or indictment of a grand jury, 
except in cases of impeachment, or in cases cognizable by justices 
of the peace, or arising in the army or navy, or in the militia when 
in actual service in time of war or public danger. Provided, that 
justices of the peace shall try no person, except as a court of in- 
quiry, for any offence punishable with imprisonment or death, or 
fine above one hundred dollars. ' 

Section 11. No person shall, for the same offence, be twice put 
in jeopardy of his life or limb; nor shall any man’s property be 
taken or applied to public use, without the consent of his represen- 
tatives in the General Assembly, nor without just compensation 
being made to him. 

Johnson v. Joliet and Chicago Railroad Company, 28 JU1., 202; 
Nevins v. City of Peoria, 41 Iil., 502; Guedel v. People, 43 Ill., 226; 
City of Hast St. Louis v. St. John, 47 Iil., 463; People ex ret. v. 
Williams, 51 Ill., 63; but see Townsend v. Chicago and Alton Rail- 
road Company, 91 Iil., 545; Wilson v. Rockford, Rock Island, and 
St. Louis Railroad Company, 59 IIl., 273; Hoag v. Switzer et al., 
61 Iltl., 294. 


Section 12. Every person within this state ought to find a 
certain remedy in the laws, for all injuries or wrongs which he may 
receive in his person, property or character; he ought to obtain 
right and justice freely and without being obliess to purchase it 
completely and without denial, promptly and without delay, con- 
formably to the laws. 

Reed e# al. v. Tyler et al., 56 Ill., 288. 

Section 13. That all persons shall be bailable by sufficient 
sureties, unless for capital offences where the proof is evident, or 
the presumption great, and the privilege of the writ of habeas ~ 
corpus shall not be suspended, unless, when in cases of rebellion or 
invasion, the public safety may require it. 

Section 14. All penalties shall be proportioned to the nature 
of the offence, the true design of all punishment being to reform, 
not to exterminate mankind. 


CONSTITUTION OF 1848 89 


Section 15. No person shall be imprisoned for debt, unless 
upon refusal to deliver up his estate for the benefit of his credi- 
tors, in such manner as shall be prescribed by law, or in cases 
where there is strong presumption of fraud. 

McKindley et al. v. Rising, 28 Ill., 337; Strode v. Broadwell, 36 
Iil., 419; Wightman v. Wightman, 45 Iil., 167; Parker v. Follens- 
bee, 45 Ill., 473. 

SEcTIon 16. There shall be neither slavery nor involuntary 
servitude in this state, except as a punishment for crime, whereof 
the party shall have been duly convicted. 

Rodney v. Illinois Central Railroad Company, 19 I7l., 42; Nelson 
v. People, 33 Ii1., 390. 

Section 17. No expost facto law, nor any law impairing the 
obligation of contracts shall ever be made, and no conviction shall 
work corruption of blood or forfeiture of estate. 

Ohio and Mississippi Railroad Company v. McClelland, 25 II1., 
140; Bruffett eZ al. v. Great Western Railroad Company of 1859, 
25 Ill., 353; Neustadt and the City of La Salle v. Illinois Central 
Railroad Company, 371 IIl., 484; Parmelee et al. v. Lawrence, 48 I11. 
331. 


Section 18. That no person shall be liable to be transported 
out of this state for any offence committeed within the same. 

Section 19. That a frequent recurrence to the fundamental 
principles of civil government is aboslutely necessary to preserve 
the blessings of liberty. 

Section 20. The military shall be in strict subordination to 
the civil power. 

SEcTION 21. That the people have a right to assemble together 
in a peaceable manner to consult for their common good, to in- 
struct their representatives, and to apply to the General Assembly 
for redress of grievances. 

Srcrion 22. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of war, 
except in manner prescribed by law. 

SECTION 23. The printing presses shall be free to every person 
who undertakes to examine the proceedings of the General Assem- 
bly, or of any branch of government, and no law shall ever be made 
to restrain the right thereof. The free communication of thoughts 


90 ILLINOIS HISTORICAL COLLECTIONS _ 


and opinions is one of the invaluable rights of man, and every ~ 
citizen may freely speak, write and print on any subject, being 
responsible for the abuse of that liberty. 

SecTIon 24. In prosecutions for the publication of papers in- 
vestigating the official conduct of officers, or of men acting in a 
_ public capacity, or when the matter published is proper for public 
information, the truth thereof may be given in evidence. And in 
all indictments for libels, the jury shall have the right of deter- 
mining both the law and the fact, under the direction of the court 
as in other cases. 

Section 25. Any person who shall after the adoption of this 
constitution, fight a duel, or send or accept a challenge for that 
purpose, or be aider or abetter in fighting a duel, shall be deprived 
of the right of holding any office of honor or profit in this state, 
and shall be punished otherwise in such manner, as is, or may be 
prescribed by law. 

Srorion 26 That from and after the adoption of this constitu- 
tion, every person who shall be elected or appointed to any office of 
profit, trust or emolument, civil or military, legislative, executive 
or judicial, under the government of this state, shall before he 
enters upon the duties of his office in addition to the oath pre- 
scribed in this constitution take the following oath: . 

“T do solemnly swear (or affirm as the case may be) that I 
have not fought a duel, nor sent or accepted a challenge to fight 
a duel, the probable issue of which might have been the death of 
either party, nor been a second to either party, nor in any manner 
aided or assisted in such duel, nor been knowingly the bearer of 
such challenge or acceptance, since the adoption of the constitution ; 
and that I will not be so engaged, or concerned, directly or indi- 
rectly, in or about any such duel, during my continuance in Cte, 
So help me God.” 


SCHEDULE 


That no inconvenience may arise from the alterations and 
amendments made in the constitution of this state, and to carry 
the same into complete effect, it is hereby ordained and declared :— 

Szction 1. That all laws in force at the adoption of this con- 
stitution, not inconsistent therewith, and all rights, actions, prose- 


Ba 


CONSTITUTION OF 1848 91 


cutions, claims and contracts of this state, individuals, or bodies 
corporate, shall continue and be as valid as if this constitution 
had not been adopted. 

Wood v. Blanchard, 19 Iil., 38. 

SEcTION 2. That all fines, penalties and forfeitures, due and 
owing to the state of Illinois, under the present constitution and 
laws, shall enure to the use of the people of the state of Illinois 
under this constitution. 

SEcTION 3. Recognizances,** bonds, obligations, and all other 
instruments entered into or executed before the adoption of this 
constitution, to the people of the State of Illinois, to any state or 
county officer or public body shall remain binding and valid, and 
rights and liabilities upon the same shall continue and all crimes 
and misdemeanors shall be tried and punished as though no change 
had been made in the constitution of the State. 

Szotion 4. That “Article 11” entitled “Commons” is hereby 
adopted as a part of the constitution of this state, without being 
submitted to be voted upon by the people. 

Section 5. That at the first election fixed by this constitution 
for the election of Judges, there shall be elected one circuit Judge 


in each of the nine judicial circuits now established in this state. 


Section 6. The County Commissioner’s Courts and the pro- 
bate justices of the several counties shall continue in existence and 
exercise their present jurisdiction until the county court provided 
in this constitution is organized in pursuance of an act of the 
General Assembly to be passed at its first session. 

Srotion 7%. That the clerk of the circuit court in each county 
fixed by this constitution as the place for holding the supreme 
court, except in the county of Sangamon, shall be ezofficio clerk 
of the supreme court, until the clerks of said court shall be elected 
and qualified, as provided in this constitution, and all laws now 
in force, in relation to the clerk of the Supreme Court shall be 
applicable to said clerks and their duties. , 

Srcrion 8. That the sheriffs, state attorneys, and all other 


4% Jn the original manuscript the word “recognizances” appears “re- 
cgnizances.” 


92 ILLINOIS HISTORICAL COLLECTIONS 


officers elected under this constitution shall perform such duties as 


shall be prescribed by law. 

SzecTION 9. That the oaths of office herein required to be taken 
may be administered by a justice of the peace, until otherwise 
provided by law. 

Section 10. That this constitution shall be subantseel to the 
people for their adoption or rejection, at an election to be held on 
the first Monday in March A D 1848, and there shall also be sub- 
mitted for adoption or rejection, at the same time, the separate 
articles in relation to the emigration of colored persons, and the 
public debt. 

Srotion 11. That every person entitled to vote for members of 
the General Assembly, by the constitution and laws now in force, 
shall on the first Monday in March A D 1848, be entitled to vote 
for the adoption or rejection of this constitution and for and against 
the aforesaid articles separately submitted and the said qualified 
electors shall vote in the counties in which they respectively reside, 
at the usual places of voting, and not elsewhere, and the said 
election shall be conducted according to the laws now in force in 
relation to the election of Governor, so far as applicable, except as 
is herein otherwise provided. 

Srcrton 12. That the poll-book to be used at said election shall 
as nearly as practicable, be in the following form, to wit; 

Poll-book of an election held at.............. precinct in the 
county Of. 0 oe on the first Monday of March A D 1848 
for the adoption or rejection of the constitution, and the separate 
articles submitted ; 


. For the Against 


5 ‘ i article the art- For the gainst 
Names of the Adepitoe Rejection | in rela- icle in article | thearticle — 

voters ol con- of con- tion to relation | for the two | for the two 

stitution | stitution | eojored | to colored | milltax | mill tax 

persons persons 
DAE; pany aie bee 2 eee AS 5 O4US See eee De aN ee ae 1) > alga eae eee. 
ONS os Set ies eS POE ee ore 1 aa tiene caine eee 2 tae eae ee 
Be Ss cae ae ER El aoe eS Eee ae il 8 “Wie eases 
AR eae |e ene ERS 3 jas eae ae] ee 1 


SEcTIon 13. That the returns of the votes for the adoption or 


‘he aK 


- 
: 

a 

re 


CONSTITUTION OF 1848 93 


rejection of this constitution, and for and against the separate 
articles submitted, shall be made to the secretary of state, within 
fifty days after the election, and the returns of the vote shall, 
within five days thereafter be examined and canvassed by the 
Auditor, Treasurer, and Secretary of State or any two of them 
in the presence of the Governor, and proclamation shall be made 
by the Governor forthwith, of the result of the polls. If it shall 
appear, that a majority of all the votes polled, are for the adoption 
of this constitution, it shall be the supreme law of the land, from 
and after the first day of April A D 1848, but if it shall appear 
that a majority of the votes polled were given against the consti- 
tution, the same shall be null and void. If it shall further appear 
that a majority of the votes polled shall have been given for the 
separate article in relation to colored persons, or the article for 
the two mill tax, then said article or articles shall be and form a 
part of this constitution, otherwise said article, or articles shall 
be null and void. 

Section 14. That if this constitution shall be ratified by the 
people, the Governor shall forthwith, after having ascertained the 
fact, issue writs of election, to the sheriffs of the several counties 
in this state, or in case of vacancy, to the coroners, for the election 
of all the officers, the time of whose election is fixed by this consti- 
tution or schedule, and it shall be the duty of said sheriffs or 
coroners to give at least twenty days notice of the time and place 
of said election, in the manner now prescribed by law. 

Section 15. The General Assembly shall at its first session 
after the adoption of this constitution provide by law for the mode 
of voting by ballot and also for the manner of returning, canvass- 
yng and certifying the number of votes cast at any election and 
until said law shall be passed, all elections shall be viva vece, and 
the laws now in force regulating elections shall continue in force 
until the General Assembly shall provide otherwise as herein 
directed. 

Srction 16. That the first General Election of Governor, Sec- 
retary of State, Auditor, Treasurer, and members of the General 
Assembly, and of such other officers as are to be elected at the same 
time, shall be held on the first Monday of August 1848, anything 


94 ILLINOIS HISTORICAL COLLECTIONS 


in this constitution to the contrary notwithstanding. County offi- 
cers then elected shall hold their respective offices until their suc- 
cessors are elected or appointed in conformity with laws hereafter 
enacted. 


SECTION 17. That returns of the election of justices of the 


Supreme and judges of the circuit courts, Secretary of State, Audi- 
tor and ‘Treasurer, shall be made and canvassed as is now provided 
| by law for representatives in congress, and returns for members 
of the General Assembly and county officers, shall be made and 
canvassed as is now provided by law. 

Section 18. That all laws of the state of Illinois and all official 
writings, and the executive, legislative and judicial proceedings, 


shall be conducted, preserved and published in no other than the 


English language. 

Section 19. On the first Monday in December one thousand 
eight hundred and forty eight, the term of office of judges of the 
Supreme Court, states attorneys, and of the clerks of the supreme 
and circuit courts shall expire, and on said day the term of office 
of the judges, states attorneys, and clerks elected under the pro- 
visions of this constitution shall commence; the judges of the 
supreme court elected as aforesaid shall have and exercise the 
powers and jurisdiction conferred upon the present judges of that 


court, and the said judges of the circuit courts, shall have and 


exercise the powers and jurisdiction conferred upon the judges of 
those courts, subject to the provisions of this constitution. 


Sxction 20. On the first Monday of December one thousand 


eight hundred and forty eight, jurisdiction of all suits and proceed- 
ings then pending in the present supreme court shall become 


vested in the supreme court established by this constitution and — . 


shall be finally adjudicated by the court where the same may be 
pending. The jurisdiction of all suits and proceedings then pend- 
ing in the circuit courts of the several counties shall be vested in 
the circuit courts of said counties. 

Section 21. The Cook and Jo Daviess county courts shall 


continue to exist, and the judge and other officers of the same - 


remain in office until otherwise provided by law. 
SEcTION 22. Until otherwise provided by law, the terms of the 


a We er 


orth 


CONSTITUTION OF 1848 95 


supreme court shall be held as follows. In the first division, on 
the first Monday of December A D 1848, and annually thereafter. 
In the second division on the third Monday of December A D 
1848, and annually thereafter, In the third division on the first 
Monday of February A D 1849, and annually thereafter, The 
sheriffs of Jefferson, and LaSalle counties shall perform the same 
duties and receive the same compensation as is required and pro- 
vided for the sheriff of Sangamon county, until otherwise provided 
by law. 

Srotion 23. Nothing in this constitution shall prevent the 
General Assembly from passing such laws in relation to the appren- 
ticeship of minors during their minority, as may be necessary and 
proper. 

Section 24. That the General Assembly shall pass all laws 
necessary to carry into effect the provisions of this constitution. 

Srotion 25. Elections of judges of the supreme, and circuit 
courts, shall be subject to be contested. 

SECTION 26. Contested elections of judges of the supreme court 
shall be tried by the senate and of judges of the circuit court, by 
the supreme court, and the General Assembly shall prescribe the 
manner of preceeding therein.” r 


4*Tn the original manuscript immediately after section 26 there 
appears the following: 
“Note—The following interlineations and erasures were made be- 
fore the signing. 
Art. 3 Sec. 11. The word ‘at’ interlined. 
13 The word ‘fair’ erased. 
15 The word ‘the’ inserted. 
40 The word ‘Johnson’ inserted, ‘seventh’ made 
‘seventeenth,’ ‘two’ stricken out and ‘one’ in- 
serted. 
Art. 4 Sec. 2 The word ‘the’ inserted. 
8 The figures ‘1859’ made ‘1849.’ 
21 The word ‘shall’ inserted. 
29 The word ‘provided’ erased. 
32 The word ‘the’ inserted. 
Art. 8 Sec. 2. The words ‘or persons’ inserted. 


9 2 The word ‘grocery keepers’ inserted. 
4 The words ‘or names’ and the word ‘such’ in- 
serted. 


96 


ILLINOIS HISTORICAL COLLECTIONS , 


MG Sie a ath PANE Ta eh dy 
i tds } 
i 


Done in Convention, at the Capitol, in the City of Springfield, ; 


on. the thirty first 


day of August, in the year of our Lord one 


thousand eight hundred and forty seven, and of the Independence 
of the United States of America, the seventy second. 
In witness whereof we have hereunto subscribed our names: 
Newton Cloud President of the Convention, and member 
of the Convention from the County of Morgan. 


Augustus Adams 


George W. Akin 
Willis Allen 


Samuel Anderson 


Wm R. Archer 


Geo W. Armstrong 


Martin Atherton 


George Bunsen witness 


Horace Butler 


James M Campbell 
Thompson Campbell 


John Canady 
F. L. Casey 

Z Casey 
Charles Choate 


Selden. M. Church 


Alfred Churchill 
Eben F Colby 


Charles Henry Constable 


12 af 

13 1 

3 

8 

26 

Schedule sec. 3 


7 


Separate Art 15 


P. Ballingall 

Montgomery Blair 

Wm. H. Blakely 

Ben: Bond 

Wm. Bosbyshell 

James Brockman 

Geo. T. Brown 

William B. Green 

David L. Gregg 

Wm A Grimshaw 

A. C. Harding 

J. Harlan. 

J. Harper 

C. K. Harvey 

Jeduthun Hatch 

Nelson Hawley 

Daniel Hay 

S. Snowden Hayes 

Reuben B. Heacock : 

The word ‘general’ stricken out, and the words 
‘members of the’ inserted. 

The word ‘protecting’ inserted. 

The word ‘right’ inserted. f 

The words ‘liberty or property’ inserted. 

The words ‘been’ and ‘in’ inserted. 

The words ‘and all crimes and misdemeanors 
shall be tried and punished’ inserted. 

The words ‘except in the county of Sangamon 
shall be ex officio clerk of the Supreme Court’ 
inserted. ; 

The words ‘other than Canal and School in- 
debtedness’ inserted.” 


CONSTITUTION OF 1848 


John Crain 

Robert J. Cross 
Samuel. J. Cross 

M. G. Dale 

David Davis 

James M Davis 
Thos. G. C. Davis 
John Dawson 

P. W. Deitz 

John Dement 
James Dunlap 

H E. Dummer 
Harvey Dum 

Daniel Dunsmore 
Joseph T. Eccles 

J. Wm. F. Edmonson 
Cyrus Edwards 
Ninian W. Edwards 
Edward Evey 

Seth B Farwell 
Fred’k Frick 

James Graham 
Thomas Geddes 
Henry R Green 
Peter Green 

George B Lemen 
Isaac Linley 

Sam Drake Lockwood 
Stephen T. Logan 
Jno. Tinen Loudon 
Andrew McCallen 
John McCulley 
Wm. MClure 

A McHatton 

Uri Manley 

David. Markley 
Franklin S D Marshall 


Hugh Henderson 
George W Hill 
Abraham Hoes 
James M Hogue 
William. H. Holmes 
Saml. Hunsaker 
Stephen. A. Hurlbut 
John Huston 

Aaron C Jackson 

J A James 

A. M. Jenkins 
Humphrey B Jones 
Thomas Judd 

A R Kenner 

Simon Kinney 
Wm. C Kinney 
Alfred Kitchell 
Augustus R. Knapp 
Nat: Morse Knapp 
Lincoln B. Knowlton 
James Knox 
George Kreider 
Saml. Lander 
James. M. Lasater 
William Laughlin 
Benaiah Robinson 
W. W Roman 
Hiram Rountree 
Walter B. Scates 

R. B. Servant 
William Shields 
Dorice Dwight Shumway 
John Sibly 

Wm. Sim 

Lewis J. Simson 

E O Smith 

J. Smith 


97 


98 ILLINOIS HISTORICAL COLLECTIONS 


T. A Marshall 

John West Mason 

James H. Matheny 

John Mieure 

R Miller 

Wm A Minshall 

Garnet Moffet 

William S. Moore 

R G Morris 

J. M. Nichols 

B. F. Northeutt 

Jesse O. Norton 

John Oliver 

G. W. Pace 

Henry D. Palmer 

John M Palmer 

Onslow Peters 

D. J. Pinckney 

Wm. B. Powers 

O. C. Pratt 

George W. Rives 

Ezekiel Wright Robbins 
Attest: 


John. W. Spencer 
Wm Stadden 
Hurlburt Swan 

Wm Thomas 

Wm. W. Thompson 
Anthony Thornton 
Thos. B. Trower 
Gilbert Turnbull 
Oaks Turner — 

Wm Tutt 

James Tuttle 

John W. Vance 
Zenas H Vernor 
Hezekiah M Wead 

T R Webber 

Edw. M. West 
Archibald Williams 
Franklin Witt 

John Davis Whiteside 
Daniel Hilton Whitney 
David Meade Woodson 
L E Worcester 


Henry W. Moore, Secretary. 
Harman G. Reynolds, Ast. Secretary. 


ARTICLE XIV 


The General Assembly shall at its first session under the amended 
constitution pass such laws as will effectually prohibit free persons 
of color from immigrating to and settling in this state, and to 
effectually prevent the owners of slaves from bringing pos into 


this state, for the purpose of setting them free. 
Nelson v. People, 33 Til., 390. 


ARTICLD XV 


There shall be annually assessed and collected in the same man- 
ner as other state revenue may be assessed and collected, a tax of 


CONSTITUTION OF 1848 99 


two mills upon each dollar’s worth of taxable property, in addi- 
tion to all other taxes, to be applied as follows, towit; the fund so 
created shall be kept separate, and shall, annually, on the first day 
of January, be apportioned and paid over pro rata upon all such 
state indebtedness, other than canal and school indebtedness, as 
may for that purpose be presented by the holders of the same, to 
be entered as credits upon, and, to that extent, in extinguishment 
of the principal of said indebtedness. 
People ex rel. v. Auditor, 12 Iil., 307; Marine Bank of Chicago 
v. Auditor of State, 74 Jll., 185; People v. Dubois, 19 Ill., 223; 
People ex rel. v. Auditor, 30 Ill., 434. 
Adopted by the Convention, 
August 31st, 1847. 
Newton Cloud, 
President. 
Henry W. Moore, Secretary. 
Harman G Reynolds, Ast. Secretary. 


CONSTITUTION OF THE STATE OF ILLINOIS 
ADOPTED IN CONVENTION AT SPRINGFIELD, May 13TH, A. D. 1870? 


PREAMBLE 


We, the people of the State of Illinois—grateful to Almighty 
God for the civil, political and religious liberty which He hath so 
long permitted us to enjoy, and looking to Him for a blessing upon 
our endeavors to secure and transmit the same unimpaired to suc- 
ceeding generations—in order to form a more perfect government, 
establish justice, insure domestic tranquility, provide for the com- 
mon defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity; do ordain and establish 
this Constitution for the State of Illinois. 


ARTICLE I 


Boundaries 


The boundaries and jurisdiction of the State shall be as follows, 
to-wit: Beginning at the mouth of the Wabash river; thence up 
the same, and with the line of Indiana, to the northwest corner 
of said State; thence east, with the line of the same State, to the 
middle of Lake Michigan; thence north along the middle of said 
lake, to north latitude forty-two degrees and thirty minutes; thence 
west to the middle of the Mississippi river, and thence down along 
the middle of that river to its confluence with the Ohio river, and 
thence up the latter river along its northwestern shore to the place 
of beginning: Provided, that this State shall exercise such juris- 
diction upon the Ohio river as she is now entitled to, or such as 


?Ratified by the people, July 2, 1870. In force, August 8, 1870. 
Amendments were adopted in 1878, 1880, 1884, 1886, 1890, 1904, and 
3908. 

103 
—10 HC 


104 ILLINOIS HISTORICAL COLLECTIONS 


may hereafter be agreed upon by this State and the State of 
Kentucky. 


State of Iowa v. State of Illinois, 147 U. 8., 1; Keokuk and Hamil- 
ton Bridge Company v. People, 176 JIil., 267. 


ARTICLE II 
Bill of Rights 


Srction 1. All men are by nature free and independent, and 
have certain inherent and inalienable rights—among these are 
life, liberty and the pursuit of happiness. To secure these rights 
and the protection of property, governments are instituted among 
men, deriving their just powers from the consent of the gov- 
erned. 

SEctTion 2. No person shall be deprived of life, liberty or prop- 
erty, without due process of law. 


Munn v. People, 69 Iil., 80; 94 U. S., 113; Millett v. People, 117 
Ill., 294; Frorer et al. v. People, 141 Ill., 171, and see Kellyville 
Coal Company v. Harrier, 207 Ill., 624; Ritchie v. People, 155 IU., 
98; Ritchie and Company et al. v. Wayman et al., 244 Ill, 509; 
People v. Elerding, 254 Iil., 579; Off and Company v. Morehead, 
285 Ill., 40; City of Chicago v. Wells, 236 Iil., 129; Massie v. Cessna, 
239 Ill., 352; People v. Stokes, 281 I1l., 159; Josma v. Western Steel 
Car and Foundry Company, 249 Ill., 508; Kelly et al. v. Johnson 
et al., 251 Ill., 185; City of Chicago v. Gage et al., 268 Til, 232; 
Board of Administration v. Miles, 278 Ill., 174; see article Iv, sec- 
tion 22, clause 23. f 


Suction 3. The free exercise and enjoyment of religious pro- 
fession and worship, without discrimination, shall forever be 
guaranteed; and no person shall be denied any civil or political 
right, privilege or capacity, on account of his religious opinions; 
but the liberty of conscience hereby secured shall not be construed 
to dispense with oaths or affirmations, excuse acts of licentiousness, 
or justify practices inconsistent with the peace or safety of the 
State. No person shall be required to attend or support any 
ministry or place of worship against his consent, nor shall any 
preference be given by law to any religious denomination or mode 
of worship. 


CONSTITUTION OF THE STATE OF ILLINOIS 105 


North v. Board of Trustees of the University of Illinois, 137 Ii1., 
296; People ex rel. v. Board of Education, 245 I11., 334; Reichwald 
». Catholic Bishop of Chicago et al., 258 Ill., 44; see article vim, 
section 3. 


Section 4. Every person may freely speak, write and publish 
on all subjects, being responsible for the abuse of that liberty; and 
in all trials for libel, both civil and criminal, the truth, when pub- 
lished with good motives and for justifiable ends, shall be a suffi- 
cient defense. 


Storey v. People, 79 Iil., 45; People v. Fuller, 238 Jil., 116. 


Srotion 5. The right of trial by jury as heretofore enjoyed, 
shall remain inviolate; but the trial of civil cases before justices 
of the peace, by a jury of less than twelve men, may be authorized 
by law. 


Ward v. Farwell ez al., 97 Ill., 593; Commercial Insurance Com- 
pany v. Scammon, 123 Iil., 601; George v. People, 167 Ill., 447; 
People ex rel. v. Kipley et al., 172 Ill., 44; Paulsen v. People, 195 
Iu, 507; Larkins v. Terminal Railroad Association of St. Louis, 
221 Iil., 428; McIntyre v. People ex rel., 227 Iil., 26; People ex rel. 
%. Mayor and Common Council of Alton, 233 Iil., 542; Standidge v. 
Chicago Railways Company, 254 Il., 524; People ex rel. Thrasher 
%. Smith, 275 Ii1., 256; Illinois Life Insurance Company v. Prentiss, 
277 Til, 383. 

Jury of six in civil cases before justices of the peace: Hermanek 
». Guthmann ef al., 179 Iil., 563; see article 0, section 13 (jury 
trial) ; and article x1, section 14. 


Section 6. The right of the people to be secure in their per- 
sons, houses, papers and effects against unreasonable searches and 
seizures, shall not be violated; and no warrant shall issue without 
probable cause, supported by affidavit, particularly describing the 
place to be searched, and the persons or things to be seized. 

Langdon v. People, 133 Ill., 382; Lippman v. People, 175 Iil., 101; 
Swedish-American Telephone Company et al. v. Fidelity and Cas- 
ualty Company of New York, 208 I1l., 562; People ex rel. v. Steward 


et al., 249 Iil., 311; People v. Clark, 280 Ill., 160; People v. Honaker 
281 Iil., 295. 


Section 7. All persons shall be bailable, by sufficient sureties, 
except for capital offenses, where the proof is evident or the pre- 


106 ILLINOIS HISTORICAL COLLECTIONS 


sumption great; and the privilege of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or in- 
-vasion the public safety may require it. 

Section 8. No person shall be held to answer for a criminal 
offense, unless on indictment of a grand jury, except in cases in 
which the punishment is by fine, or imprisonment otherwise than 
in the penitentiary, in cases of impeachment, and in cases arising 
in the army and navy, or in the militia when in actual service in 
time of war or public danger: Provided, that the grand jury may 
be abolished by law in all cases. 


People ex rel. v. Kipley et al., 171 Ill., 44; People v. Glowacki, 236 
Ill., 612; People v. Russell, 245 Iil., 268. 


Section 9. In all criminal prosecutions, the accused shall have 
the right to appear and defend in person and by counsel; to de- 
mand the nature and cause of the accusation, and to have a copy 
thereof; to meet the witnesses face to face, and to have process to 
compel the attendance of witnesses in his behalf, and a speedy 
public trial by an impartial jury of the county or district in which 
the offense is alleged to have been committed. 


To be heard by counsel: White et al. v, People, 90 Iil., 117; 
Thompson v. People, 144 IIl., 378. ; 

Nature of accusation: West v. People, 137 Iil., 189; Cochran v. 
People, 175 Ill., 28; People v. Nolan, 250 I71l., 351. i 

To meet witnesses face to face: Tucker v. People, 122 Ji1., 583; 
Gillespie et al. v. People, 176 Ill., 238; see Starkey v. People, 17 
A an We " 

Speedy public trial: Weyrich v. People, 89 Iil., 90; Marzen v. 
People, 190 Ill., 81; People v. Jonas, 234 Iil., 56. ’ 

Impartial jury: Spies et al. v. People, 122 Ill., 1 (262). 

Of the county or district: Weyrich v. People, 89 Ii, 90; Buck- 
rice v. People, 110 Ill., 29; Watt v. People, 126 Jil., 9; City of 
Chicago v. Knobel, 232 Ill., 112; People ex rel. v. Rodenberg, 254 
Til., 386. 


Section 10. No person shall be compelled in any criminal 
case to give evidence against himself, or be twice put in jeopardy 
for the same offense. 


Minters v. People, 139 Ill., 363; People v. Miner et al., 144 IIL, 
308: Boone v. People, 148 Ill., 440; Dreyer v. People, 188 Ill, 40; 


CONSTITUTION .OF THE STATE OF ILLINOIS 10% 


Paulsen v. People, 195 Iil., 507; People ex rel. v. Butler Street 
Foundry and Iron Company, 201 Ill, 236. 

Szcrion 11. All penalties shall be proportioned to the nature 
of the offense; and no conviction shall work corruption of blood or 
forfeiture of estate; nor shall any person be transported out of the 
State for any offense committed within the same. 

Chicago and Alton Railroad Company v. People ex rel., 67 Iil., 
11; Chicago, Rock Island, and Pacific Railway Company v. People, 
217 Iil., 164; Collins v. Metropolitan Life Insurance Company, 232 
Til., 37; Wall et al. v. Pfanschmidt et al., 265 Iil., 180. 

Srotion 12. No person shall be imprisoned for debt, unless 
upon refusal to deliver up his estate for the benefit of his creditors, 
in such manner as shall be prescribed by law; or in cases where 
there is strong presumption of fraud. 

Kennedy et al. v. People, 122 J11., 649; Huntington v. Metzger, 
158 IU., 272; Barclay v. Barclay, 184 Iil., 375. 


SEcrTion 13. Private property shall not be taken or damaged 
for public use without just compensation. Such compensation, 
when not made by the State, shall be ascertained by a jury, as shall 
be prescribed by law. The fee of land taken for railroad tracks, 
without consent of the owners thereof, shall remain in such owners, 
subject to the use for which it is taken. 

Taking or damaging: Rigney v. City of Chicago, 102 JIil., 64; 
Commissioners of Highways of the Town of Burgess v. Hohmeyer, 
279 Iil., 66. 

Public use: Gaylord v. Sanitary District of Chicago, 204 IIl., 576. 

Just compensation: Carpenter v. Jennings et al., 77 IIl., 250; 
Caldwell e¢ al. v. Commissioners of Highways, 249 Ji1., 366. 

Jury trial: McManus v. McDonough ez al., 107 Jil., 95; Wabash 
Railroad Company v. Coon Run Drainage and Levee District, 194 
Iul., 310; Juvinall et al v. Jamesburg Drainage District, 204 Ji1., 
106; see article m1, section 5 and article x1, section 14. 


Srotion 14. No ex post facto law, or law impairing the obli- 
gation of contracts, or making any irrevocable grant of special 
privileges or immunities, shall be passed. 


Roby v. City of Chicago, 64 IIl., 447; Ruggles v. People, 91 Tit., 
256; Ford et al. v. Chicago Milk Shippers’ Association 155 J17., 166; 
Johnson v. People, 173 Ill., 131; Bradley v. Lightcap, 201 II1., 
511; Olsen v. People ex rel., 219 Ill., 40. 


108 ILLINOIS HISTORICAL COLLECTIONS 


Section 15. The military shall be in strict subordination to 
the civil power. 

County of Christian v. Merrigan, 191 Iil., 484. 

Szction 16. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of war 
except in the manner prescribed by law. 

Section 17%. The people have the right to assemble in a peace- 
able manner to consult for the common good, to make known their 
opinions to their representatives, and to apply for redress of griev- 
ances. 

Section 18. All elections shall be free and equal. 

People ex rel. v. Hoffman et al., 116 Ill., 587; People ex rel. v. 
Board of Election Commissioners of the City of Chicago, 221 Ii1., 
9; Rouse v. Thompson, 228 Ill., 522; see article vu, section 1. 

Srotion 19. Every person ought to find a certain remedy in 
_ the laws for all injuries and wrongs which he may receive in his 
person, property or reputation; he ought to obtain, by law, right 
and justice freely and without being obliged to purchase it, com- 
pletely and without denial, promptly and without delay. 

Reed et al. v. Tyler et al., 56 Ill., 288; Senichka v. Lowe, 74 Ii., 
274; Douglas v. Hutchinson et al., 183 Ill., 323; see Bonney v. 
King et al., 201 Il1., 47. 

Srotion 20. A frequent recurrence to the fundamental prin- 
ciples of civil government is aboslutely necessary to preserve the 
blessings of liberty. 


ARTICLE III 
Distribution of Powers 


The powers of the government of this State are divided into 
three distinct departments—the legislative, executive and judicial; 
and no person, or collection of persons, being one of these depart- 
ments, shall exercise any power properly belonging to either of 
the others, except as hereinafter expressly directed or permitted. 

City of Galesburg v. Hawkinson e¢ al., 75 Ill., 152; People ex ret. 
». Hoffman e¢ al., 116 Iil., 587; George v. People, 167 Iil., 447; im re 
Day, 181 Iil., 73; City of Aurora v. Schoeberlein, 230 Ill., 496; Corre- 
spondence between Governor and Judges of Supreme Court, 243 Iit., 
9; People ex rel. v. McCullough, 254 I1l., 9; Witter v. County Com- 


CONSTITUTION OF THE STATE OF ILLINOIS 109 


missioners of Cook County et al., 256 Ill., 616; People ex rel. v. 
Dunne e al., 258 Iil., 441; see Field v. People ex rel., 2 Scammon 
(3 IU.) 79. 


ARTICLE IV 
Legislative Department 


_ Section 1. The legislative power shall be vested in a General 
Assembly, which shall consist of a Senate and House of Represent- 
atives, both to be elected by the people. 


People ex rel. v. Kipley et al., 171 Ill., 44; Rouse v. TOnEHel, 
228 Ill., 522; People v. McBride, 234 I1l., 146; People v. Roth, 249 
Ill., 532; see People ex rel. v. Reynolds, 5 Gilman (10 Iil.), 1. 


Election 


Section 2. An election for members of the General Assembly 
shall be held on the Tuesday next after the first Monday in 
November, in the year of our Lord one thousand eight hundred 
and seventy, and every two years thereafter, in each county, at 
such places therein as may be provided by law. When vacancies 
occur in either house, the Governor, or person exercising the 
powers of Governor, shall issue writs of election to fill such 
vacancies. 


Eligibility and Oath 


Srotion 3. No person shall be a Senator who shall not have 
attained the age of twenty-five years, or a Representative who shall 
not have attained the age of twenty-one years. No person shall be. 
a Senator or a Representative who shall not be a citizen of the 
United States, and who shall not have been for five years a resident. 
of this State, and for two years next preceding his election a resi-. 
dent within the territory forming the district from which he is 
elected. No judge or clerk of any court, Secretary of State, At- 
torney General, State’s Attorney, recorder, sheriff, or collector of 
public revenue, member of either House of Congress, or person 
' holding any lucrative office under the United States or this State, 
or any foreign government, shall have a seat in the General As- 
sembly: Provided, that appointments in the militia, and the offices 
of notary public and justice of the peace, shall not be considered 


aly) 


110 ILLINOIS HISTORICAL COLLECTIONS 
lucrative. Nor shall any person holding any office of honor or — 
profit under any foreign government, or under the government of 
the United States, (except postmasters whose annual compensation — 
does not exceed the sum of three hundred dollars) hold any office 
of honor or profit under the authority of this State. 


People ex rel. v. Board of Election Commissioners of the City of 
Chicago, 221 II1., 9. : 


Section 4. No person who has been, or hereafter shall be con- 
victed of bribery, perjury or other infamous crime, nor any person 
who has been or may be a collector or holder of public moneys, who 
shall not have accounted for and paid over, according to law, all 
such moneys due from him, shall be eligible to the General As- 
sembly, or to any office of profit or trust in this State. 


Cawley et al. v. People, 95 Jil., 249. 


Suction 5. Members of the General Assembly, before they 
enter upon their official duties, shall take and subscribe the follow- 
ing oath or affirmation: “I do solemnly swear (or affirm) that I 
will support the Constitution of the United States and the Con- 
stitution of the State of Illinois, and will faithfully discharge the 
duties of Senator (or Representative) according to the best of my 
ability; and that I have not, knowingly or intentionally, paid or 
contributed anything, or made any promise in the nature of a 
bribe, to directly or indirectly influence any vote at the election at 
which I was chosen to fill the said office, and have not accepted, 
nor will I accept or receive, directly or indirectly, any money or 
other valuable thing, from any corporation, company or person, 
for any vote or influence I may give or withhold on any bill, reso- 
lution or appropriation, or for any other official act.” This oath 
shall be administered by a judge of the supreme or circuit court 
in the hall of the house to which the member is elected, and the 
Secretary of State shall record and file the oath subscribed by each 
member. Any member who shall refuse to take the oath herein 
prescribed shall forfeit his office, and every member who shall be 
convicted of having sworn falsely to or of violating, his said oath, 
shall forfeit his office and be disqualified thereafter from holding 
any office of profit or trust in this State. 


CONSTITUTION OF THE STATE OF ILLINOIS 111 


Apportionment 
Senatorial 


Seot1on 6. ‘The General Assembly shall apportion the State 
every ten years, beginning with the year one thousand eight hun- 
dred and seventy-one, by dividing the population of the State, as 
ascertained by the federal census, by the number fifty-one, and the 
quotient shall be the ratio of representation in the Senate. The 
State shall be divided into fifty-one senatorial districts, each of 
which shall elect one senator, whose term of office shall be four 
years. The Senators elected in the year of our Lord one thousand 
eight hundred and seventy-two, in districts bearing odd numbers, 
shall vacate their offices at the end of two years, and those elected 
in districts bearing even numbers, at the end of four years; and 
vacancies occurring by the expiration of term shall be filled by the 
election of senators for the full term. Senatorial districts shall 
be formed of contiguous and compact territory, bounded by county 
lines, and contain as nearly as practicable an equal number of in- 
habitants; but no district shall contain less than four-fifths of 
the senatorial ratio. Counties containing not less than the ratio 
and three-fourths, may be divided into separate districts, and shall 
be entitled to two Senators, and to one additional senator for each 
number of inhabitants equal to the ratio, contained by such counties 
in excess of twice the number of said ratio. 

People ex rel. v. Thompson, 155 IIl., 451; People ex rel. v. Hutch- 


inson, 172 Iil., 486; People ex rel. v. Carlock, 198 Ill., 150; see 
article yi, section 5. 


Minority Representation 


SEcTIoNs 7 AnD 8. The House of Representatives shall consist 
of three times the number of the members of the Senate, and the 
term of office shall be two years. Three representatives shall be 
elected in each Senatorial district at the general election in the 
year of our Lord one thousand eight hundred and seventy-two, and 
every two years thereafter. In all elections of representatives 
aforesaid, each qualified voter may cast as many votes for one 
candidate as there are representatives to be elected, or may dis- 
tribute the same, or equal parts thereof, among the candidates, 


112 ILLINOIS HISTORICAL COLLECTIONS 


as he shall see fit; and the candidates highest in votes shall be 
declared elected.” 


Rouse v. Thompson, 228 Jil., 522; People ex rel. v. Strassheim, 
240 Ill., 279; People ex rel. v. Deneen et al., 247 Ill., 289; People 
ex rel. v. Taylor et al., 257 Iil., 192. 


*Under the terms of section 12 of the schedule, original sections 7 
and 8 of this article were to be eliminated if the section relating to 
minority representation, which was submitted to a separate vote, was 
adopted by the voters. The separate section was adopted and accord- 
ingly replaced original sections 7 and 8, which were as follows: 


REPRESENTATIVE 


“Section 7. The population of the State, as ascertained by the 
Federal census, shall be divided by the number one hundred and fifty- 
three, and the quotient shall be the ratio of representation in the House 
of Representatives. Every county or district shall be entitled to one 
representative, when its population is three-fifths of the ratio; if any 
county has less than three-fifths of the ratio, it shall be attached to the 
adjoining county having the least population, to which no other county 
has for the same reason been attached, and the two shall constitute 
a separate district. Every county or district having a population not 
less than the ratio and three-fifths, shall be entitled to two representa- 
tives, and for each additional number of inhabitants, equal to the ratio, 
one representative. Counties having over two hundred thousand in- 
habitants may be divided into districts, each entitled to not less than 
three nor more than five representatives. After the year one thousand 
eight hundred and eighty, the whole population shall be divided by the 
number one hundred and fifty-nine, and the quotient shall be the ratio 
of representation in the House of Representatives for the ensuing ten 
years, and six additional representatives shall be added for every five 
hundred thousand increase of population at each decennial census 
thereafter, and be apportioned in the same manner as above provided. 

“Section 8. When a county or district shall have a fraction of pop- 
ulation above what shall entitle it to one representative, or more, ac-" 
cording to the provisions of the foregoing section, amounting to one- 
fifth of the ratio, it shall be entitled to one additional representative 
in the fifth term of each decennial period; when such fraction is two- 
fifths of the ratio, it shall be entitled to an additional representative 
in the fourth and fifth terms of said periods; when the fraction is 
three-fifths of the ratio, it shall be entitled to an additional representa- 
tive in the first, second and third terms, respectively; when the fraction 
is four-fifths of the ratio, it shall be entitled to an additional repre-_ 
sentative in the first, second, third and fourth terms, respectively.” 


a 
~%: 
we 


CONSTITUTION OF THE STATE OF ILLINOIS 113 


Time of Meeting and General Rules 
SECTION 9. The sessions of the General Assembly shall com- 
mence at twelve o’clock noon, on the Wednesday next after the 
first Monday in January, in the year next ensuing the election of 


“members thereof, and at no other time, unless as provided by this 


Constitution. A majority of the members elected to each house 
shall constitute a quorum. Each house shall determine the rules 
of its proceedings, and be the judge of the election, returns and 
qualifications of its members; shall choose its own officers; and the 
Senate shall choose a temporary President to preside when the 
Lieutenant Governor shall not attend as President or shall act as 
governor. The Secretary of State shall call the House of Repre- 
sentatives to order at the opening of each new Assembly, and pre- 
side over it until a temporary presiding officer thereof shall have 
been chosen and shall have taken his seat. No member shall be 
expelled by either house, except by a vote of two-thirds of all the 
members elected to that house, and no member be twice expelled 
for the same offense. Hach house may punish by imprisonment 
any person, not a member, who shall be guilty of disrespect to the 
house by disorderly or contemptuous behavior in its presence. But 
no such imprisonment shall extend beyond twenty-four hours at 
one time, unless the person shall persist in such disorderly or con- 
temptuous behavior. 

Srotion 10. The doors of each house and of committees of the 
whole shall be kept open, except in such cases as, in the opinion 
of the house, require secrecy. Neither house shall, without the 
consent of the other, adjourn for more than two days, or to any 
other place than that in which the two houses shall be sitting. 
Each house shall keep a journal of its proceedings, which shall be 
published. In the Senate at the request of two members, and in 
the House at the request of five members, the yeas and nays shall 
be taken on any question, and entered upon the journal. Any two 
members of either house shall have liberty to dissent from and 
protest, in respectful language, against any act or resolution which 
they think injurious to the public or to any individual, and have 
the reasons of their dissent entered upon the journals. 

See People ex rel. v. Hatch, 33 Il1., 9; see article v, section 9. 


114 ILLINOIS HISTORICAL COLLECTIONS 


Style of Laws, and Passage of Bills 


SEcTION 11. The style of the laws of this State shall be; “Be 
wt enacted by the People of the State of Illinois, represented in 
the General Assembly.” . 

Burritt v. Commissioners of State Contracts, 120 Ill., 322; Pearce 
vy. Vittum, 193 Ill., 192. 

Section 12. Bills may originate in either house, but may be 
altered, amended or rejected by the other; and on the final passage 
of all bills, the vote shall be by yeas an nays, upon each bill 
separately, and shall be entered upon the journal; and no bill shall 
become a law without the concurrence of a majority of the mem- 
bers elected to each house. 

People ex rel. v. Knopf, 198 Ill., 340; People ex rel. v. Bowman, 
247 Iil., 276; People v, Hdmands, 262 II1., 108; Neiberger v. McCul- 
lough et al., 253 Ill., 312; McAuliffe v. O’Connell, 258 Ill., 186; 


People ex rel. v. Brady, 262 Ill., 578; Dragovich v. Iroquois Iron 
Company, 269 Iil., 478; see Richter v. Burdock, 257 Jil., 410; see 


article rv, section 13. 

Section 13. Every bill shall be read at large on three differ- 
ent days, in each house; and the bill and all amendments thereto 
shall be printed before the vote is taken on its final passage; and 
every bill, having passed both houses, shall be signed by the ~ 
Speakers thereof. No act hereafter passed shall embrace more 
than one subject, and that shall be expressed in the title. But if — 
any subject shall be embraced in an act which shall not be ex- 
pressed in the title, such act shall be void only as to so much 
thereof as shall not be so expressed; and no law shall be revived 
or amended by reference to its title only, but the law revived, or 
the section amended, shall be inserted at length in the new act. 
And no act of the General Assembly shall take effect until the 
first day of July next after its passage, unless, in case of emer- 
gency, (which emergency shall be expressed in the preamble or 
body of the act), the General Assembly shall, by a vote of two- 
- thirds of all the members elected to each house, otherwise direct. 


Reading: Illinois Central Railroad Company v. People, 143 IIL. 
434; People ex rel. v. La Salle Street Trust and Savings Bank, 269 © 
Til., 518; People v. State Board of Dental Examiners, 278 I11., 144; 
see People ex rel. v. Starne, 35 JIl., 121; see article Iv, section 12. 


CONSTITUTION OF THE STATE OF ILLINOIS 115 


Printing: Neiberger v. McCullough e¢ al., 253 I1l., 312; People ex 
rel. v. Brady, 262 Ill., 578; Dragovich v. Iroquois Iron Company, 
269 Iil,, 478; see article Iv, section 12. 

Signature of speaker: Lynch v. Hutchinson e¢ al., 219 Ill., 193. 


Title: Ritchie v. People, 155 Iil., 98; Milne v. People, 224 Il, 
125; Rouse v. Thompson, 228 IIl., 522; People v. McBride, 234 
Ill., 146; People ex rel. v. Nellis, 249 Iil., 12; People v. Roth, 
249 I1l., 532; People v. Sargent, 254 Jil., 514. 

Amendment by reference: People ex rel. v. Wright, 70 Il1., 388; 
Timm v. Harrison, 109 Ill., 593; People ex rel. v. Knopf, 183 Jil, 
410; People ez rel. v. Crossley et al., 261 Ill., 78; Brooks e¢ al. 
wv. Hatch et al., 261 Ill., 179; Board of Education v, Haworth, 274 
Ill., 588; People ex rel. v. Day, 277 Ill., 543 (556, 557); see City of 
Chicago v. Reeves, 220 Iil., 274. 


Privileges and Disabilities 
Szotrion 14. Senators and representatives shall, in all cases, 
except treason, felony or breach of the peace, be privileged from 
arrest during the session of the General Assembly, and in going 
to and returning from the same; and for any speech or debate in 
either house, they shall not be questioned in any other place. 
Phillips v. Browne, 270 Iil., 450. 


SEcTION 15. No person elected to the General Assembly shall 
receive any civil appointment within this State from the Governor, 
the Governor and Senate, or from the General Assembly, during 
the term for which he shall have been elected ; and all such appoint- 
ments and all votes given for any such members for any such 
office or appointment, shall be void; nor shall any member of the 
General Assembly be interested, either directly or indirectly, in 
. any contract with the State, or any county thereof, authorized by 
any law passed during the term for which he shall have been 
elected, or within one year after the expiration thereof. 

See article tv, section 25. 


Public Moneys and Appropriations 


Srcrton 16. The General Assembly shall make no appropria- 
tion of money out of the treasury in any private law. Bills mak- 
ing appropriations for the pay of members and officers of the 


116 ILLINOIS HISTORICAL COLLECTIONS 


General Assembly, and for the salaries of the officers of the 
government, shall contain no provision on any other subject. 

Ritchie v. People, 755 Iil., 98; People v. Joyce, 246 Iil., 124; 
Fergus et al. v. Russel et al., 270 Ill., 304 (318); Fergus v. Russel, 
277 Ill., 20; see article v, section 24. 

Section 17%. No money shall be drawn from the treasury ex- 
cept in pursuance of an appropriation made by law, and on the 
presentation of a warrant issued by the Auditor thereon; and no 
money shall be diverted from any appropriation made for any 
purpose, or taken from any fund whatever, either by joint or 
separate resolution. The Auditor shall, within sixty days after — 
the adjournment of each session of the General Assembly, prepare 
and publish a full statement of all money expended at such ses- 
sion, specifying the amount of each item, and to whom and for 
what paid. 

Burritt v. Commissioners of State Contracts, 120 Til., 322; 
Whittemore v. People, 227 Jil., 453; Board of Trade of the City of 
Chicago et al. v. Cowen eft al., 252 Iil., 554. 

Srcrion 18. Each General Assembly shall provide for all the 
appropriations necessary for the ordinary and contingent expenses 
of the government until the expiration of the first fiscal quarter 
after the adjourment of the next regular session, the aggregate 
amount of which shall not be increased without a vote of two-thirds 
of the members elected to each house, nor exceed the amount of 
revenue authorized by law to be raised in such time; and all ap- 
propriations, general or special, requiring money to be paid out of 
the State treasury, from funds belonging to the State, shall end 
with such fiscal quarter: Provided, the State may, to meet casual 
deficits or failures in revenues, contract debts, never to exceed in 
the aggregate two hundred and fifty thousand dollars; and moneys 
thus borrowed shall be applied to the purpose for which they were 
obtained, or to pay the debt thus created, and to no other purpose; 
and no other debt, except for the purpose of repelling invasion, 
suppressing insurrection, or defending the State in war, (for pay- 
ment of which the faith of the State shall be pledged), shall be 
contracted, unless the law authorizing the same shall, at a general 
election, have been submitted to the people, and have received a 


Ak ay 
yy os 


CONSTITUTION OF THE STATE OF ILLINOIS 117 


majority of the votes cast for members of the General Assembly 
at such election. The General Assembly shall provide for the 
publication of said law for three months, at least, before the vote 
of the people shall be taken upon the same; and provision shall be 
made, at the time, for the payment of the interest annually, as it 
shall accrue, by a tax levied for the purpose, or from other sources 
of revenue; which law, providing for the payment of such interest 
by such tax, shall be irrepealable until such debt be paid: And, 
provided, further, that the law levying the tax shall be submitted 
to the people with the law authorizing the debt to be contracted. 

Whittemore v. People, 227 Ill., 453; Fergus et al. v. Russel e¢ at., 

270 Iil., 304 (333); Fergus v. Brady, 277 Ilt., 272. 

Srction 19. The General Assembly shall never grant or au- 
thorize extra compensation, fee or allowance to any public officer, 
agent, servant or contractor, after service has been rendered or a 
contract made, nor authorize the payment of any claim, or part 
thereof, hereafter created against the State under any agreement 
or contract made without express authority of law; and all such 
unauthorized agreements or contracts shall be null and void: 
Provided, the General Assembly may make appropriations for ex- 
penditures incurred in suppressing insurrection or repelling in- 
vasion. 

Dement et al. v. Rokker et al., 126 Ill., 174; People ex rel. v. Ab- 
bott, 274 Iil., 380; Fergus v. Brady, 277 Iil., 272. 

Section 20. The State shall never pay, assume or become 
responsible for the debts or liabilities of, or in any manner give, 
loan or extend its credit to, or in aid of any public or other cor- 
poration, association or individual. 

Boehm v. Hertz et al., 182 Ill., 154; City of Chicago v. Wolf et. 
al., 221 Ill., 130. 


Pay of Members 


Szction 21. The members of the General Assembly shall re- 
ceive for their services the sum of five dollars per day, during the 
first session held under this Constitution, and ten cents for each 
mile necessarily traveled in going to and returning from the seat 
of government, to be computed by the Auditor of Public Accounts; 
and thereafter such compensation as shall be prescribed by law, 


118 ILLINOIS HISTORICAL COLLECTIONS 


and no other allowance or emolument, directly or indirectly, for 
any purpose whatever; except the sum of fifty dollars per session 
to each member, which shall be in full for postage, stationery, 
newspapers, and all other incidental expenses and perquisites; but 
no change shall be made in the compensation of members of the 
General Assembly during the term for which they may have been 
elected. The pay and mileage allowed to each member of the 
General Assembly shall be certified by the Speakers of their respec- 
tive houses, and entered on the journals, and published at the close 
of each session. 


Fergus et al. v. Russel et al., 270 Ill., 304 (831, 332, 626); see 
article rv, section 19; article v, section 23; article vi, sections 7, 
16, 25; article vim, section 5; article rx, section 11; article x, 
section 10. 


Special Legislation Prohibited 


SEction 22. The General Assembly shall not pass local or 
special laws in any of the following enumerated cases, that is to 
say: For— 

In general: Owners of Lands v. People ew rel., 113 Ill, 296; 
Bessette v. People, 193 Iil., 334; Horwich et al. v. Walker-Gordon 
Laboratory Company, 205 Ill., 497; People ez rel. v. Board of Elec- 
tion Commissioners of the City of Chicago, 221 Ill., 9; Douglas e 
al. v. People ex rel., 225 Iil., 536; Manowsky v. Stephan e¢ al., 233 
Ill., 409; Dawson Soap Company v. City of Chicago, 234 IU1., 314; 
Block et al. v. City of Chicago, 239 Iil., 251; Massie v. Cessna, 239 
Ill., 352; but see People v. Stokes, 281 I1l., 159; People ex rel. v. 
Nellis, 249 Ill., 12; People v. Kaelber, 253 IUJ., 552; see article un, 
section 2 and article rv, section 22, clause 23. ) 

Granting divorces; 

Changing the names of persons or places; 

Laying out, opening, altering and working roads or highy anes 

Kennedy v. McGovern e¢ al., 246 Ill., 497. 

Vacating roads, town plats, streets, alleys and public grounds; : 

Locating or changing county seats; 

Regulating county and township affairs ; 

People ex rel. v. Hazelwood, 116 I1l., 319; Booth v. Opel, 244 Ill. 
babe h 


Regulating the practice in courts of justice ; 


» 


CONSTITUTION OF THE STATE OF ILLINOIS 119 


Chicago Life Insurance Company v. Auditor of Public Accounts, 
101 Iil., 82; Strong v. Digman, 207 I11., 385. 


Regulating the jurisdiction and duties of justices of the peace, 
police magistrates, and constables ; 
People ex rel. v. Meech, 101 Ill., 200. 
Providing for changes of venue in civil and criminal cases ; 
Miller v. People, 230 Iil., 65. 
Incorporating cities, towns, or villages, or changing or amending 
the charter of any town, city or village; 
Cleveland, Cincinnati, Chicago, and St. Louis Railway Company 
v. Randle, 183 Iil., 364; L’Hote et al. v. Village of Milford, 272 Jit, 
418, 
Providing for the election of members of the board of super- 
visors in townships, incorporated towns or cities; 
Summoning and impaneling grand or petit juries; 
Providing for the management of common schools; 
Land Commissioners v. President and Trustees of the Commons 
of Kaskaskia et al., 249 Iil., 578; People ex rel. v. Weis et al., 275 
Til., 581. 
Regulating the rate of interest on money; 
Winget et al. v. Quincy Building and Homestead Association, 
128 Ill., 67. 
The opening and conducting of any election, or designating the 
place of voting ; 
People ex rel. v. Hoffman et al., 116 Ill., 587; People ex rel. v. 
Board of Supervisors of Adams County, 185 ITl., 288. 
The sale or mortgage of real estate belonging to minors or others 
under disability ; 
Kingsbury v. Sperry et al., 119 Ill., 279. 
The protection of game or fish ; 
People v. Wilcox, 237 Ill., 421. 


Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures ; 

Creating, increasing, or decreasing fees, percentage or allowances 
of public officers, during the term for which said officers are elected 


or appointed ; 
—11HC 


120 ILLINOIS HISTORICAL COLLECTIONS — 


Changing the law of descent; 
Wunderle et al. v. Wunderle, 144 Ill. 40. 
Granting to any corporation, association or individual the right 
to lay down railroad tracks, or amending existing charters for such 
purpose ; 
Granting to any corporation, association or individual any special 


or exclusive privilege, immunity or franchise whatever. 
Lippman v. People, 175 Il., 101; Lasher v, People, 183 Jil, 226; 


Noel v. People, 187 IUl., 587; Gillespie v. People, 188 Il, 176; Starne _ 


v. People, 222 Jil., 189; but see People v. Solomon, 265 Jil, 28; 
People ex rel. v. Clean Street Company, 225 Jll., 470; Jones v. Chi- 
cago, Rock Island, and Pacific Railway Company, 231 Jil., 302; 
People v. Commercial Life Insurance Company, 247 Iil., 92; People 
ex rel. v. Rinaker et al., 252 Ill., 266; State Public Utilities Com- 
mission ex rel. v. Romberg, 275 Ill., 432; People ex rel. v. Weis : 
et al., 275 Ill., 581; see article 11, section 2 and article ry, section 
22 (in general). 


In all other cases where a general law can be made applicable 
no special law shall be enacted. 


Owners of Lands v. People ex rel., 113 Ill., 296; Sentian District 
of Chicago v. Ray, 199 Ill., 63; City of Mt. Vernon wv. Hyens and 
Howard Fire Brick Company, 204 Ill., 32; People ex rel. v. Bow- 
man, 247 Ill., 276; Commissioners of Lincoln Park v. Fahrney, 250 — 
Til., 256. 


Szorton 23. The General Assembly shall have no power to ~ 
release or extinguish, in whole or in part, the indebtedness, lia- 
bility, or obligation of any corporation or individual to this State 


or to any municipal corporation therein. ‘ 
City of Chicago v. Pittsburg, Cincinnati, Chicago, and ‘St. Louis 
Railway Company, 244 Ill., 220. ¢ 


Impeachment A 
Srotion 24. The House of Representatives shall have the cae 

power of impeachment; but a majority of all the members elected 
must concur therein. All impeachments shall be tried by the Sen- 
ate; and when sitting for that purpose, the Senators shall be upon 
oath, or affirmation to do justice according to law and evidence. 
When the Governor of the State is tried, the Chief Justice shall 
preside. No person shall be convicted without the concurrence of 
two-thirds of the Senators elected. But judgment, in such cases, 


o> * 7% 4 - * ory oS * a | > a bes P ea any > ars 2 eS : V7 
SO OR a er ae Be PAL, Bre 
ie oe VV ORAL . ¢ b 


shall not extend further than removal from office, and disqualifi- 
eation to hold any office of honor, profit or trust under the gov- 
ernment of this State. The party, whether convicted or acquitted, 
shall, nevertheless, be liable to prosecution, trial, judgment and 
punishment according to law. 


Miscellaneous - 
SEcTION 25. The General Assembly shall provide, by law, that 
. the fuel, stationery, and printing paper furnished for the use of the 
State; the copying, printing, binding and distributing the laws 
and journals, and all other printing ordered by the General As- 
sembly shall be let by contract to the lowest responsible bidder; 
but the General Assembly shall fix a maximum price; and no 
member thereof, or other officer of the State, shall be interested, 
directly or indirectly, m such contract. But all such contracts 
shall be subject to the approval of the Governor, and if he dis- 
approves the same there shall be a re-letting of the contract, in 
such manner as shall be prescribed by law. 

Dement et al. v. Rokker e¢ al., 126 Til., 174. 

Section 26. The State of Illinois shall never be made defend- 
ant in any court of law or equity. 

German Alliance Insurance Company et al. v. Van Cleave et al., 
197 Tit., 410; Joos v. Illinois National Guard e¢ al., 257 Ill., 138; 
Minear v. State Board of Agriculture, 259 Iil., 549; Brundage v. 
Knox et al., 279 Iil., 450. 

Section 2%. The General Assembly shall have no power to 
authorize lotteries or gift enterprises, for any purpose, and shall 
pass laws to prohibit the sale of lottery or gift enterprise tickets 
in this State. 

Section 28. No law shall be passed which shall operate to 
extend the term of any public officer after his election or appoint- 
ment. 

Crook v. People ex rel., 106 Iil., 237. 

Szction 29. It shall be the duty of the General Assembly to 
pass such laws as may be necessary for the protection of operative 
miners, by providing for ventilation, when the same may be re- 
quired, and the construction of escapement shafts, or such other 


CONSTITUTION OF THE STATE OF ILLINOIS 121 . 


122 ILLINOIS HISTORICAL COLLECTIONS 


appliances as may secure safety in all coal mines, and to provide 
for the enforcement of said laws by such penalties and punishments 
as may be deemed proper. 
Starne v. People, 222 Ill., 189; Cook v. Big Muddy-Carterville 
Mining Company, 249 Ill., 41. 

Section 30. The General Assembly may provide for estab- 
lishing and opening roads and cartways, connected with a public 
toad, for private and public use. 

Section 31. The General Assembly may pass laws permitting 
the owners of lands to construct drains, ditches and levees for 
Agricultural, Sanitary or mining purposes, across the lands of 
others, and provide for the organization of drainage districts, and 
vest the corporate authorities thereof, with power to construct and 
maintain levees, drains and ditches, and to keep in repair all 
drains, ditches and levees heretofore constructed under the laws 
of this State, by Special Assessments upon the property benefited 
thereby.® 

Wilson v. Board of Trustees of the Sanitary District of Chicago 
et al., 138 Ill., 448; People ex rel. v. Drainage Commissioners, 143 
Iil., 417; Herschbach v, Kaskaskia Island Sanitary and Levee Dis- 
trict 265 Ill., 388; see Updike v. Wright, 81 II1., 49. 

Sxction 32. The General Assembly shall pass liberal Home- 
stead and Exemption laws. 


Srction 33. The General Assembly shall not appropriate out 
of the State treasury, or expend on account of the new capitol 
grounds, and construction, completion, and furnishing of the State 
House, a sum exceeding, in the aggregate, three and a half 
millions of dollars, inclusive of all appropriations heretofore made, 
without first submitting the proposition for an additional expendi- 
thre to the legal voters of the State, at a general election; nor 


*As amended by the first amendment to the constitution. The 
amendment was proposed by resolution of the general assembly in 
1877. It was ratified by the voters on November 5, 1878, and pro- 
claimed adopted on November 29, 1878. The section as it originally 
appeared is as follows: 

“Section 31. The General Assembly may pass laws permitting the 
owners or occupants of lands to construct drains and ditches, for agri- 
cultural and sanitary purposes, across the lands of others.” 


CONSTITUTION OF THE STATE OF ILLINOIS 123 


unless a majority of all the votes cast at such election shall be for 
the proposed additional expenditure. 
People v. Stuart et al., 97 Iil., 123. 


Section 34. The General Assembly shall have power, subject 
to the conditions and limitations hereinafter contained, to pass any 
law (local, special or general) providing a scheme or charter of 
local municipal government for the territory now or hereafter em- 
braced within the limits of the city of Chicago. The law or laws 
so passed may provide for consolidating (in whole or in part) in 
the municipal government of the city of Chicago, the powers now 
vested in the city, board of education, township, park and other 
local governments and authorities having jurisdiction confined to 
or within said territory, or any part thereof, and for the assump- 
tion by the city of Chicago of the debts and liabilities (in whole 
or in part) of the governments or corporate authorities whose 
functions within its territory shall be vested in said city of Chicago, 
and may authorize said city, in the event of its becoming liable for 
the indebtedness of two or more of the existing municipal corpora- 
tions lying wholly within said city of Chicago, to become indebted 
to an amount (including its existing indebtedness and the in- 
debtedness of all municipal corporations lying wholly within the 
limits of said city, and said city’s proportionate share of the in- 
debtedness of said county and sanitary district which share shall 
be determined in such manner as the General Assembly shall pre- 
scribe) in the aggregate not exceeding five per centum of the full 
value of the taxable property within its limits, as ascertained by 
the last assessment either for State or municipal purposes previous 
to the incurring of such indebtedness (hut no new bonded indebted- 
ness, other than for refunding purposes, shall be incurred until 
the proposition therefor shall be consented to by a majority of the 
legal voters of said city voting on the question at any election, 
general, municipal or special) ; and may provide for the assessment 
of property and the levy and collection of taxes within said city 
for corporate purposes in accordance with the principles of equality 
and uniformity prescribed by this Constitution; and may abolish 
all offices, the functions of which shall be otherwise provided for; 
and may provide for the annexation of territory to or disconnec- 


124 ILLINOIS HISTORICAL COLLECTIONS © st 


tion of becticny from said city of Chicago by the consent of a 


majority of the legal voters (voting on the question at any election, 
general, municipal or special) of the said city and of a majority 
of the voters of such territory, voting on the question at any elec- 
tion, general, municipal or special; and in case the General Assem- 
bly shall create municipal courts in the city of Chicago it may 


abolish the offices of justices of the peace, police magistrates and 


constables in and for the territory within said city, and may limit 
the jurisdiction of justices of the peace in the territory of said 


county of Cook outside of said city to that territory, and in such 
case the jurisdiction and practice of said municipal courts shall be 


such as the General Assembly shall prescribe; and the General 
Assembly may pass all laws which it may deem requisite to effec- 
tually provide a complete system of local municipal government 
in and for the city of Chicago. 

No law based upon this amendment to the Constitution, affect- 


ing the municipal government of the city of Chicago, shall take 


effect until such law shall be consented to by a majority of the 
legal voters of said city voting on the question at any election, 
general, municipal or special; and no local or special law based 
upon this amendment affecting specially any part of the city of 
Chicago shall take effect until consented to by a majority of the 


legal voters of such part of said city voting on the question at any ~ 


election, general, municipal or special. Nothing in this section 


contained shall be construed to repeal, amend or affect section four 


(4) of Article XI of the Constitution of this State.* 


Miller v. People, 230 Ill, 65; City of Chicago v. Williams, 254 
Tit., 360. 


ARTICLE V 
Executive Department 


Section 1. The Executive Department shall consist of a 
Governor, Lieutenant Governor, Secretary of State, Auditor of 
Public Accounts, Treasurer, Superintendent of Public Instruction, 


*Section 34 was added by the sixth amendment to the constitution. 
The amendment was proposed by a resolution of the general assembly 
in 1903. It was ratified by the voters on November 8, 1904, and pro- 
claimed adopted on December 5, 1904. 


we 


tS 3s 


‘Treasurer, hold his office for the term of four years from the 


second Monday of January next after his election, and until his 
successor is elected and qualified. They shall, except the Lieutenant 
Governor, reside at the seat of government during their term of 


office, and keep the public records, books and papers there, and 


shall perform such duties as may be prescribed by law. 
People ez rel. v. McCullough, 254 IUl., 9; Fergus e¢ al. v. Russel 
et al., 270 Iil., 304 (333-343). 

Section 2. The Treasurer shall hold his office for the term of 
two years, and until his successor is elected and qualified; and 
shall be ineligible to said office for two years next after the end 
of the term for which he was elected. He may be required by the 
Governor to give reasonable additional security, and in default 
of so doing his office shall be deemed vacant. 


Election 

Section 3. An election for Governor, Lieutenant Governor, 
Seeretary of State, Auditor of Public Accounts, and Attorney 
General, shall be held on the Tuesday next after the first Monday 
of November, in the year of our Lord one thousand eight hundred 
and seventy-two, and every four years thereafter; for Superin- 
tendent of Public Instruction on the Tuesday next after the first 
Monday of November, in the year one thousand eight hundred 
and seventy, and every four years thereafter; and for Treasurer 
on the day last above mentioned, and every two years thereafter, 
at such places and in such manner as may be prescribed by law. 
_Szotion 4. The returns of every election for the above named 
officers shall be sealed up and transmitted, by the returning officers, 
to the Secretary of State, directed to the “The Speaker of the 
House of Representatives,” who shall, immediately after the or- 
ganization of the House, and before proceeding to other business, 
open and publish the same in the presence of a majority of each 
House of the General Assembly, who shall, for that purpose, 


assemble in the hall of the House of Representatives. The person 
haying the highest number of votes for either of said offices shall 


be declared duly elected; but if two or more have an equal, and the 


126 ILLINOIS HISTORICAL COLLECTIONS — 


highest number of votes, the General Assembly shall, by joint 
ballot, choose one of such persons for said office. Contested elec- 
tions for all of said offices shall be determined by both houses of 
the General Assembly, by joint ballot, in such manner as may be 
prescribed by law. 


Eligibility 
Section 5. No person shall be eligible to the office of Governor, 
or Lieutenant Governor, who shall not have attained the age of 


thirty years, and been, for five years next preceding his election, a 
citizen of the United States and of this State. Neither the Goy- 


ernor, Lieutenant Governor, Auditor of Public Accounts, Secretary . 


of State, Superintendent of Public Instruction nor Attorney 
General shall be eligible to any other office during the period for 
which he shall have been elected. 

People ex rel. v. Inglis, 161 Ill., 256. 


Governor 


Section 6. The supreme executive power shall be vested in the 
Governor, who shall take care that the laws be faithfully executed. 
People ex rel. v. McCullough, 254 Jil., 9; see Field v. Beare ex 

rel., 2 Scammon (38 Iil.), 79. 

Section 7. The Governor shall, at the commencement of each 
session, and at the close of his term of office, give to the General 
Assembly information, by message, of the condition of the State, 
and shall recommend such measures as he shall deem expedient. 
He shall account to the General Assembly, and accompany his 
message with a statement of all moneys received and paid out by 
him from any funds subject to his order, with vouchers, and, at 
the commencement of each regular session present estimates of the 
amount of money required to be raised by taxation for all purposes. 

Section 8. The Governor may, on extraordinary occasions, 
convene the General Assembly, by proclamation, stating therein 
the purpose for which they are convened; and the General As- 
sembly shall enter upon no business except that for which they 
were called together. 

Report of the Attorney-General of Illinois, 1912, p. 73, 83. 


CONSTITUTION OF THE STATE OF ILLINOIS 12% 


Section 9. In case of a disagreement between the two houses 
with respect to the time of adjournment, the Governor may, on 
the same being certified to him by the house first moving the ad- 
journment, adjourn the General Assembly to such time as he 
thinks proper, not beyond the first day of the next regular session. 

Report of the Attorney-General of Illinois, 1912, p. 73; see article 
Iv, section 10; People ez rel. v. Hatch, 33 I7l., 9 (131, 156). 

Szcotion 10. The Governor shall nominate, and, by and with 
the advice and consent of the Senate, (a majority. of all the Sena- 
tors elected concurring, by yeas and nays), appoint all officers 
whose offices are established by this Constitution, or which may be 
created by law, and whose appointment or election is not other- 
wise provided for; and no such officer ll be appointed or elected 
by the General Assembly. 

Wilcox et al. v. People ex rel., 90 Ill., 186; People v. Evans, 247 
Iil., 547; see Bunn et al. v. People ex rel., 45 Ill., 397. 

Srotion 11. In case of a vacancy, during the recess of the 
Senate, in any office which is not elective, the Governor shall make 
a temporary appointment until the next meeting of the Senate, 
when he shall nominate some person to fill such office; and any 
person so nominated, who is confirmed by the Senate (a majority 
of all the Senators elected concurring by yeas and nays), shall 
hold his office during the remainder of the term, and until his - 
successor shall be appointed and qualified. No person, after being 
rejected by the Senate, shall be again nominated for the same 
office at the same session, unless at the request of the Senate, or 
be appointed to the same office during the recess of the General 
Assembly. 

Wilcox et al. v. People ex rel., 90 Ill., 186; see people v. Forquer, 
Breese (i Iil.), 104. 

Section 12. The Governor.shall have power to remove any 
officer whom he may appoint, in case of incompetency, neglect of 
duty, or malfeasance in office; and he may declare his office vacant, 
and fill the same as is herein provided in other cases of vacancy. 

Wilcox et al. v. People ex rel., 90 Iil., 186; People ex rel. v. Nellis, 
249 Til., 12. 
Section 13. The Governor shall have power to grant reprieves, 


128 ILLINOIS HISTORICAL COLLECTIONS 


commutations and pardons, after conviction, for all offenses, subject 


to such regulations as may be provided by law relative to the man- 
ner of applying therefor. 
Meul v. People, 198 Iil., 258; People v. Joyce, 246 Iil., 124. 
Srotion 14. The Governor shall be commander-in-chief of the 
military and naval forces of the State (except when they shall be 
called into the service of the United States) ; and may call out the . 
same to execute the laws, suppress insurrection, and repel invasion. 
Section 15. The Governor, and all civil officers of the State, 


shall be lable to impeachment for any misdemeanor in office. 


Donahue v. County of Will e¢ al., 100 Iil., 94. 


Veto 


Srction 16. Every bill passed by the General Assembly shall, 
before it becomes a law, be presented to the Governor. If he 
approve, he shall sign it, and thereupon it shall become a law; 
but if he do not approve, he shall return it with his objections, 
to the House in which it shall have originated, which house shall 
enter the objections at large upon its journal and proceed to re- 
consider the bill. If then two-thirds of the members elected agree 
to pass the same, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered; and if 
approved by two-thirds of the members elected to that house, it 
shall become a law notwithstanding the objections of the Governor; — 
but in all such cases the vote of each house shall be determined 
by yeas and nays to be entered wyon the journal. he 

Bills making appropriations of money out of the Treasury shall 


specify the objects and purposes for which the same are made, and — 


appropriate to them respectively their several amounts in distinct | 


items and sections, and if the Governor shall not approve any one 


or more of the items or sections ‘contained in any bill, but shall 
approve the residue thereof, it shall become a law as to the residue 
in like manner as if he had signed it. The Governor shall then 
return the bill, with his objections to the items or sections of the 
same not approved by him, to the house in which the bill shall have 
originated, which house shall enter the objections at large upon 
its journal, and proceed to reconsider so much of said bill as is not 


CONSTITUTION OF THE STATE OF ILLINOIS 129 


approved by the Governor. The same proceedings shall be had in 
both houses in reconsidering the same as is hereinbefore provided in 
ease of an entire bill returned by by the Governor with his objec- 
tions; and if any item or section of said bill not approved by the 
Governor shall be passed by two-thirds of the members elected to 
each of the two houses of the General Assembly, it shall become 
part of said law notwithstanding the objections of the Governor. 
Any bill which shall not be returned by the Governor within ten 
days (Sundays excepted) after it shall have been presented to him 
shall become a law in like manner as if he had signed it, unless 
the General Assembly shall, by their adjournment prevent its re- 
turn, in which ease it shall be filed with his objections, in the office 
of the Secretary of State, within ten days after such adjournment, 
or become a law.°® 


People ex rel. v. McCullough, 210 Iil., 488; Fergus et al. v. Russel 
et al., 270 Til., 304 (348-352); see People ex rel. v. Hatch, 33 Jil, 9. 


®As amended by the third amendment to the constitution. The 
‘amendment was proposed by resolution of the general assembly in 
1883. It was ratified by the people on November 4, 1884, and pro- 
claimed adopted on November 28, 1884. The section as it originally 
appeared is as follows: 


“SECTION 16. Every bill passed by the General Assembly shall, be- 
fore it becomes a law, be presented to the Governor. If he approve, 
he shall sign it, and thereupon it shall become a law; but if he do not 
approve, he shall return it, with his objections, to the house in which 
it shall have originated, which house shall enter the objections at large 
upon its journal, and proceed to reconsider the bill. If, then, two- 
thirds of the members elected agree to pass the same, it shall be sent, 
together with the objections, to the other house, by which it shall 
likewise be reconsidered; and if approved by two-thirds of the mem- 
bers elected to that house, it shall become a law, notwithstanding the 
objections of the Governor. But in all such cases the vote of each 
house shall be determined by yeas and nays, to be entered on the 
journal. Any bill which shall be returned by the Governor within ten 
days (Sundays excepted), after it shall have been presented to him, 
shall become a law in like manner as if he had signed it, unless the 
General Assembly, by their adjournment, prevent its return; in which 
ease it shall be filed with his objections, in the office of the Secretary 
of State, within ten days after such adjournment, or become a law.” 


AA iehe Ms ahh da ctaye ads a Re 


130 ILLINOIS HISTORICAL COLLECTIONS 


Lieutenant Governor 


Sxotion 17. In case of the death, conviction or impeachment, 
failure to qualify, resignation, absence from the State, or other dis- 
ability of the Governor, the powers, duties and emoluments of the 
office for the residue of the term, or until the disability shall be 
removed, shall devolve upon the Lieutenant Governor. 

Section 18. The Lieutenant Governor shall be President of 
the Senate, and shall vote only when the Senate is equally divided. 
The Senate shall choose a President, pro tempore, to preside in 
case of the absence or impeachment of the Lieutenant Governor, 
or when he shall hold the office of Governor. 

Srotion 19. If there be no Lieutenant Governor, or if the 
Lieutenant Governor shall, for any of the causes specified in sec- 
tion seventeen of this article, become incapable of performing the 
dutiés of the office, the President of the Senate shall act as Goy- 
ernor until the vacancy is filled or the disability removed; and if 
the President of the Senate, for any of the above named causes, 
shall become incapable of performing the duties of Governor, the 
same shall devolve upon the Speaker of the House of Representa- 
tives. 


Other State Officers 


Section 20. If the office of Auditor of Public Accounts, 
Treasurer, Secretary of State, Attorney General, or Superintend- 
ent of Public Instruction shall be vacated by death, resignation or 
otherwise, it shall be the duty of the Governor to fill the same by 
appointment, and the appointee shall hold his office until his suc- 
cessor shall be elected and qualified in such manner as may be 
provided by law. An account shall be kept by the officers of the — 
Executive Department, and of all the public institutions of the 
State, of all moneys received or disbursed by them, severally, from 
all sources, and for every service performed, and a semi-annual 
report thereof be made to the Governor, under oath; and any 
officer who makes a false report shall be guilty of Pee, and 
punished accordingly. 


People v. Whittemore et al., 253 Iil., 378. 


CONSTITUTION OF THE STATE OF ILLINOIS 131 


Section 21. The officers of the Executive Department, and of 
all the public institutions of the State, shall, at least ten days 
preceding each regular session of the General Assembly, severally 
report to the Governor, who shall transmit such reports to the 
General Assembly, together with the reports of the Judges of the 
Supreme Court of defects in the Constitution and laws; and the 
Governor may at any time require information, in writing, under 
oath, from the officers of the Executive Department, and all offi- 
cers and managers of State institutions, upon any subject relating 
to the condition, management and expenses of their respective 
offices. 


People v. Whittemore ef al., 253 IIl., 378. 


The Seal of State 


SEcTION 22. There shall be a seal of the State, which shall be 
ealled the “Great Seal of the State of Illinois,” which shall be 
kept by the Secretary of State, and used by him, officially, as 
directed by law. 


Fees and Salaries 


Sectton 23. The officers named in this article shall receive 
for their services a salary, to be established by law, which shall 
not be increased or diminished during their official terms, and 
they shall not, after the expiration of the terms of those in office 
at the adoption of this constitution, receive to their own use any 
fees, costs, perquisites of office, or other compensation. And all 
fees that may hereafter be payable by law for any services per- 
formed by any officer provided for in this article of the constitu- 
tion, shall be paid in advance into the State treasury. 


Fees: Whittemore v. People, 227 Jil., 453; Board of Trade of 
the City of Chicago e¢ al. v. Cowen ef al., 252 It, 554. 

Salaries: City of Chicago v. Wolf e¢ al., 221 Iil., 130; Whitte- 
more v. People, 227 Iil., 453; see Foreman ez al. v. People ez rel, 
209 Iil., 567 and article tv, sections 19, 21; article v1, sections 7, 
16, 25; article vim, section 5; article rx, section 11; article x, sec- 
tion 10. 


132 ILLINOIS HISTORICAL COLLECTI Ol 


Definition and Oath of Office 


SEcTIon 24. An office is a public position, created by the con- =X 
stitution or law, continuing during the pleasure of the appointing — 
power, or for a fixed time, with a successor elected or appointed. — 

An employment is an agency, for a temporary Pur | sa 
ceases when that purpose is accomplished. 

State Board of Agriculture v. Brady et al., 266 II, 592; ‘Fergus s 
et al. v. Russel, 270 Iil., 304 (318); see Bunn et al. v. aicoesih ” ha 
rel., 45 Ill., 397; article tv, section 16. epniy 

Srection 25. All civil officers, except members of the Caneeal 
Assembly and such inferior officers as may be by law exempted, 
shall, before they enter on the duties of their respective esce i 
take and subscribe the following oath or affirmation: et * 

“T do solemnly swear (or affirm, as the case may be) that I i 
support the Constitution of the United States, and the Conetitickiant 1 
of the State of Illinois, and that I will faithfully discharge the P 
duties ‘of the officeiof :,-"/0 As cic aee). Wee according to the wy 
best of my ability.” Wy 

And no other oath, declaration or test shall be required. as a 


qualification. 
School Directors of District No. 13 v. People ez reél., 79 Til., 511; 
People ex rel. v. Hoffmann et al., 116 Ill., 587; People ex rel. CP 
Loeffler, 175 Til, 585. , ie Ae 


ARTICLE VI Beals 8 de 
Judicial Department f . 


Section 1. The judicial powers, except as in this suniea: ane 
otherwise provided, shall be vested in one Supreme Court, Circuit 
Courts, County Courts, justices of the peace, police magistrates, _ 
and in such courts as may be created by law in and for cities and 
incorporated towns. 


People ex rel. v. Chase, 165 Ill, 527; in re Day, 181 m., 73; 
Witter v. County Commissioners of Cook County et al., 256 IIL, 616. 


Supreme Court 


Srcrron 2. The Supreme Court shall consist of seven judges, 
and shall have original jurisdiction in cases relating to the revenue, 


CONSTITUTION OF THE STATE OF ILLINOIS 133 


in mandamus, and habeas corpus, and appellate jurisdiction in all 
other cases. One of said judges shall be chief justice; four shall 
constitute a quorum, and the concurrence of four shall be neces- 
sary to every decision. 
Young et al. v. Stearns et al., 91 Iil., 221; Canby v. Hartzell, 167 
Ill,, 628; People ex rel. v. City of Chicago and Schlesinger and 
Mayer, 193 Iil., 507; Drainage Commissioners of the Town of Niles 
v. Harms, 238 Ill., 414; George et al. v. George et al., 250 Iil., 251; 
People v. Holten et al., 259 Ill., 219; Courter v. Simpson Construc- 
tion Company, 264 Jll., 488. 

Szction 3. No person shall be eligible to the office of judge 
of the Supreme Court unless he shall be at least thirty years of 
age, and a citizen of the United States, nor unless he shall have 
resided in this State five years next preceding his election, and be 
a resident of the district in which he shall be elected. 

Srotion 4. Terms of the Supreme Court shall continue to be 
held in the present grand divisions at the several places now pro- 
vided for holding the same; and until otherwise provided by law, 
one or more terms of said court shall be held, for the Northern 
Division, in the City of Chicago, each year, at such times as said 
court may appoint, whenever said city or the county of Cook shall 
provide appropriate rooms therefor, and the use of a suitable 
library, without expense to the State. The judicial divisions may 
be altered, increased or diminished in number, and the times and 
places of holding said court may be changed by law. 

Section 5. The present grand divisions shall be preserved, 
and be denominated Southern, Central and Northern, until other- 
wise provided by law. The State shall be divided into seven dis- 
tricts for the election of judges, and, until otherwise provided by 
law, they shall be as follows: 

First District—The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Union, Jackson, Alexander, Pulaski and Massac. 

Second District—The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- 
gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, 
Calhoun and Christian. 


BNC N CS SUNRISE MME ai SE AAC, RY ARAL TPR a 1 RR 
“ . ee . & 


Q 


134 ILLINOIS HISTORICAL COLLECTIONS 


Third District—The counties of Sangamon, Macon, Logan, De- 
witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 

_ Fourth District—The counties of Fulton, McDonough, Hancock, © 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and 
Scott. 

Fifth District—The counties of Knox, Warren, Henderson, 
Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, 
Grundy and Woodford. 

Sixth District—The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, 
Lee, Ogle and Rock Island. 

Seventh District—The counties of Lake, Cook, Will, Kankakee 
and DuPage. 

The boundaries of the districts may be changed at the session of 
the General Assembly next preceding the election for judges 
therein, and at no other time; but whenever such alterations shall 
be made, the same shall be upon the rule of equality of population, 
as nearly as county boundaries will allow; and the districts shall 
be composed of contiguous counties, in as nearly compact form as 
circumstances will permit. The alteration of the districts shall 
not affect the tenure of office of any judge. 4 

People ex rel. v. Rose, 203 Ill., 46; see article v, section 6. 

Section 6. At the time of voting on the adoption of this Con- — 
stitution, one judge of the Supreme Court shall be elected by the 
electors thereof, in each of said districts numbered two, three, six, 
and seven, who shall hold his office for the term of nine years from 
the first Monday of June, in the year of our Lord one thousand ~ 
eight hundred and seventy. The term of office of judges of the 
Supreme Court, elected after the adoption of this Constitution, 
shall be nine years; and on the first Monday of June of the year 
in which the term of any of the judges in office at the adoption of 
this Constitution, or of the judges then elected, shall expire, and 
every nine years thereafter, there shall be an election for the suc- 
cessor or successors of such judges, in the respective districts 
wherein the term of such judges shall expire. The Chief Justice 
shall continue to act as such until the expiration of the term for 


CONSTITUTION OF THE STATE OF ILLINOIS 135 


3 which he was elected, after which the Judges shall choose one of 
their number Chief Justice. 


Section 7. From and after the adoption of this Constitution, 
the judges of the Supreme Court shall each receive a salary of 
four thousand dollars per annum, payable quarterly, until other- 


‘wise provided by law. And after said salaries shall be fixed by 


law, the salaries of the judges in office shall not be increased or 
diminished during the terms for which said judges shall have 
been elected. 


See Foreman et al. v. People ez rel., 209 Ill., 567; article rv, sec- 
tions 19, 21; article v, section 23; article vi, sections 16, 25; 
article vu, section 5; article Ix, section 11; article x, section 10. 


Section 8. Appeals and writs of error may be taken to the 


Supreme Court, held in the grand division in which the case is 


decided, or, by consent of the parties, to any other grand division. 
See article vi, section 2. 

Section 9. The Supreme Court shall appoint one reporter of 

its decisions, who shall hold his office for six years, subject to 


- removal by the Court. 


Section 10. At the time of the election for representatives in 
the General Assembly, happening next preceding the expiration of 
the terms of office of the present clerks of said court, one clerk 
of said court for each division shall be elected, whose term of office 
shall be six years from said election, but who shall not enter upon 


- the duties of his office until the expiration of the term of his 


predecessor, and every six years thereafter one clerk of said court 
for each division shall be elected. 


Appellate Courts 


Snotion 11. After the year of our Lord one thousand eight 
hundred and seventy-four, inferior Appellate Courts, of uniform 
organization and jurisdiction, may be created in districts formed 
for that purpose, to which such appeals and writs of error as the 
General Assembly may provide, may be prosecuted from Circuit 
and other courts, and from which appeals and writs of error shall 


lie to the Supreme Court; in all criminal cases, and cases in which 


—12 HC 


ae 


136 ILLINOIS HISTORICAL COLLECTIONS — 


a franchise, or freehold, or the validity of a statute is involved, 
and in such other cases as may be provided by law. Such Appel- 
late Courts shall be held by such number of Judges of the Cireuit 
Courts, and at such times and places, and in such manner, as may 
be provided by law; but no Judge shall sit in review upon cases 
decided by him; nor shall said Judges receive any additional com- 
pensation for such services. 
Young et al. v. Stearns et al., 91 Ill., 221; People ex rel. v. Hoyne, 
262 Ill., 82; Freitag v. Union Stock Yard and Transit Company, 262 
Zil., 551; see Indiana Millers’ Mutual Fire Insurance Company et 
al. v. People, 170 IU1., 474. 


Circuit Courts 


SrcTion 12. The Circuit Courts shall have original jurisdic- 
tion of all causes in law and equity, and such appellate jurisdiction 
as is or may be provided by law, and shall hold two or more terms 
each year in every county. The terms of office of Judges of Cir- 
cuit Courts shall be six years. 

Berkowitz v. Lester et al., 121 Ill., 99; Drainage Commissioners 
of the Town of Niles v. Harms, 238 Jil., 414; People v. Jacobson, 
247 Ill., 394; Frackelton v. Masters et al., 249 Iil., 30; see article 
Iv, section 34; article vi, section 20. 

Section 13. The State, exclusive of the county of Cook and — 
other counties having a population of one hundred thousand, shall 
be divided into judicial circuits, prior to the expiration of the terms 
of office of the present judges of the Circuit Courts. Such circuits 
shall be formed of contiguous counties, in as nearly compact form 
and as nearly equal as circumstances will permit, having due regard 
to business, territory and population, and shall not exceed in num- 
ber one circuit for every one hundred thousand of population in — 
the State. One judge shall be elected for each of said circuits by 
the electors thereof. New circuits may be formed and the 
boundaries of circuits changed by the General Assembly, at its 
session next preceding the election for circuit judges, but at no 
other time: Provided, that the circuits may be equalized or 
changed at the first session of the General Assembly, after the 
adoption of this Constitution. The creation, alteration or change 
of any circuit shall not effect the tenure of office of any judge. 


CONSTITUTION OF THE STATE OF ILLINOIS 137 


Whenever the business of the Circuit Court of any one, or of two 
or more contiguous counties, containing a population exceeding 
fifty thousand, shall occupy nine months of the year, the General 
Assembly may make of such county, or counties, a separate circuit. 
Whenever additional circuits are created, the foregoing limitations 
shall be observed. 

People ez rel. v. Rose, 166 Iil., 422. 

Section 14. The General Assembly shall provide for the times 
of holding court in each county; which shall not be changed, 
except by the General Assembly next preceding the general elec- 
tion for judges of said courts; but additional terms may be pro- 
vided for in any county. The election for judges of the Circuit 
Courts shall be held on the first Monday in June, in the year of 
our Lord one thousand eight hundred and seventy-three, and every 
six years thereafter. 

Kepley et al. v. People, 123 Iil., 367; People ex rel. v. Knopf, 198 
Ill., 340. 

Section 15. The General Assembly may divide the State into 
judicial circuits of greater population and territory, in lieu of the 
circuits provided for in section thirteen of this article, and provide 
for the election therein, severally, by the electors thereof, by. 
general ticket, of not exceeding four judges, who shall hold the 
circuit courts in the circuit for which they shall be elected, in 
such manner as may be provided by law. 

People v. Wall, 88 I1l., 75; People ex rel. v. Rose, 166 Ill., 422. 


SecTION 16. From and after the adoption of this Constitution, 
Judges of the Circuit Courts shall receive a salary of three thou- 
sand dollars per annum, payable quarterly, until otherwise pro- 
vided by law. And after their salaries shall be fixed by law, they 
shall not be increased or diminished during the terms for which 
said judges shall be, respectively, elected; and from and after the 
adoption of this Constitution, no judge of the Supreme or Circuit 
Court shall receive any other compensation, perquisite or benefit, in 
any form whatsoever, nor perform any other than judicial duties 
to which may belong any emoluments. 


Hall v. Hamilton, 74 I1l., 437; Foreman et al. v. People, 209 Jil., 
567; People v. Sweitzer, 280 ITl., 436; see article 1v, sections 19, 21,_ 


138 ILLINOIS HISTORICAL COLLECTIONS 


article v, section 23; article v1, sections 7, 25; article vm, section — 
5; article rx, section 11; article x, section 10. 

Section 17. No person shall be eligible to the office of Stage 
of the circuit or any inferior court, or to membership in the ~ 
“Board of County Commissioners,” unless he shall be at least 
twenty-five years of age, and a citizen of the United States, nor 


“unless he shall have resided in this State five years next preceding 


his election, and be a resident of the circuit, county, city, Sie 


_ oF incorporated town in which he shall be elected. 


People ex rel. v. McCormick, 261 I11., 413; see article vu, section 6. 


County Courts 


SErction 18. There shall be elected in and for each county, 
one county judge and one clerk of the county court, whose terms — 
of office shall be four years. But the General Assembly may create — 
districts of two or more contiguous counties, in each of which shall 
be elected one judge, who shall take the place of and exercise the 
powers and jurisdiction of county judges in such districts. County 
Courts shall be courts of record, and shall have original jurisdic- 
tion in all matters of probate; settlement of estates of deceased 
persons; appointment of guardians and conservators, and settle- 
ments of their accounts; in all matters relating to apprentices; — 
and in proceedings for the collection of taxes and assessments, and ~ 
such other jurisdiction as may be provided for by general law. _ 

Klokke v. Dodge, 103 Ill., 125; Frackelton v. Masters et al., 249 
Ti1., 30. : 
Section 19. Appeals and writs of error shall be allowed ert 


final determinations of county courts, as may be provided by law. 


See Hart Brothers et al. v. West Chicago Park Commissioners, 
186 Iil., 464. J 


Probate Courts 


Sxction 20. The General Assembly may provide for the estab- 
lishment of a Probate Court in each county having a population 
of over fifty thousand, and for the election of a judge thereof, 
whose term of office shall be the same as that of the county judge, 
and who shall be elected at the same time and in the same manner. 


See ea es ee a ae a ee Re er ore ea 
ieee a PE see St ee pate TS ene 
2 = 3 : 


CONSTITUTION OF THE STATE OF ILLINOIS 139 


Said courts, when established, shall have original jurisdiction of 
all probate matters, the settlement of estates of deceased persons, 
the appointment of guardians and conservators, and settlements of 
their accounts; in all matters relating to apprentices, and in cases 
of the sales of real estate of deceased persons for the payment of 
debts. 


People ex rel. v. Loomis et al., 96 Ill., 377; Klokke v. Dodge, 103 
Iil., 125; Frackelton v. Masters et al., 249 Ill., 30. 


Justices of the Peace and Constables 


Section 21. Justices of the peace, police magistrates, and con- 
stables shall be elected in and for such districts as are, or may be, 
provided by law, and the jurisdiction of such justices of the peace 
and police magistrates shall be uniform. 


People ez rel. v. Meech, 101 IIl., 200; Commissioners of High- 
ways of the Town of Goshen v. Jackson, 165 I11., 17; People ex rel. 
v. Bollam, 182 Jil., 528; see article vi, section 29. 


State’s Attorneys 


Section 22. At the election for members of the General As- 
sembly in the year of our Lord one thousand eight hundred and 
seventy-two, and every four years thereafter, there shall be elected 
a State’s Attorney in and for each county, in lieu of the State’s 
Attorneys now provided by law, whose term of office shall be four 
years. 


Courts of Cook County 


Section 23. The county of Cook shall be one judicial circuit. 
The Cireuit Court of Cook county shall consist of five judges, until 
their number shall be increased, as herein provided. The present 
Judge of the Recorder’s Court of the city of Chicago, and the 
present Judge of the Circuit Court of Cook county, shall be two 
of said judges, and shall remain in office for the terms for which 
they were respectively elected, and until their successors shall be 
elected and qualified. The Superior Court of Chicago shall be 
continued, and called the Superior Court of Cook County. The 
General Assembly may increase the number of said judges, by add- 


ie. 
ie 
= 


140 ILLINOIS HISTORICAL COLLECTIONS 


ing one to either of said courts for every additional fifty thousand 
inhabitants in said county over and above a population of four 
hundred thousand. The terms of office of the judges of said courts 
hereafter elected, shall be six years. 

Cobe v. Guyer et al., 237 Il., 516. 

Section 24. The judge having the shortest unexpired term 
shall be Chief Justice of the court of which he is a judge. In case 
there are two or more whose terms expire at the same time, it may 
be determined by lot which shall be chief justice. Any judge of 
either of said courts shall have all the powers of a circuit judge, 
and may hold the court of which he is a member. Hach of them 
may hold a different branch thereof at the same time. 

Hall v. Hamilton, 74 Ill., 487; Cobe v. Guyer, 287 Ill., 516. 

Section 25. The judges of the Superior and Circuit Courts, 
and the State’s Attorney, in said county, shall receive the same 
salaries, payable out of the State treasury, as is or may be paid 
from said treasury to the circuit judges and State’s Attorney’s 
of the State, and such further compensation, to be paid by the 
county of Cook, as is or may be provided by law; such compen- 
sation shall not be changed during their continuance in office. 

Foreman et al. v. People ex rel., 209 Ill., 567; County of Cook v. 
Healy, 222 I1l., 310; see article rv, sections 19, 21; article yv, section 


23; article v1, sections 7, 16; article vit, section 5; article Ix, sec- 
tion 11; article x, section 10. 


SecTIon 26. The Recorder’s Court of the city of Chicago shalt 
be continued and shall be called the “Criminal Court of Cook 
County.” It shall have the jurisdiction of a circuit court, in all 
cases of criminal and quasi criminal nature, arising in the county 
of Cook, or that may be brought before said court pursuant to 
law; and all recognizances and appeals taken in said county, in 
criminal and quasi criminal cases shall be returnable and taken to © 
said court. It shall have no jurisdiction in civil cases, except in 
those on behalf of the people, and incident to such criminal or 
quasi criminal matters, and to dispose of unfinished business. The 
terms of said Criminal Court of Cook County shall be held by one 
or more of the judges of the Circuit or Superior Court of Cook 
county, as nearly as may be in alteration, as may be determined 


CONSTITUTION OF THE STATE OF ILLINOIS 141 


by said judges, or provided by law. Said judges shall be ez- 
officio, judges of said court. 
Berkowitz v. Lester et al., 121 Ill., 99; Greene v. People, 182 I11., 
278; Bratsch v. People, 195 Iil., 165; People v. Jacobson, 247 JI1., 
394; People v. Gartenstein, 248 Jil., 546. 

Section 27. The present Clerk of the Recorder’s Court of the 
city of Chicago, shall be the Clerk of the Criminal Court of Cook 
county, during the term for which he was elected. The present 
Clerks of the Superior Court of Chicago, and the present Clerk of 
the Circuit Court of Cook County, shall continue in office during 
the terms for which they were respectively elected; and thereafter 
there shall be but one Clerk of the Superior Court, to be elected 
by the qualified electors of said county, who shall hold his office 
for the term of four years, and until his successor is elected and 
qualified. 

Secrion 28. All justices of the peace in the city of Chicago 
shall be appointed by the Governor, by and with advice and con- 
sent of the Senate, (but only upon the recommendation of a 
majority of the judges of the circuit, superior and county courts), 
and for such districts as are now or shall hereafter be provided 
by law. They shall hold their offices for four years, and until 
their successors have been commissioned and qualified, but they 
may be removed by summary proceeding in the circuit or superior 
court, for extortion or other malfeasance. Existing justices of 
the peace and police magistrates may hold their offices until the 
expiration of their respective terms. 


People ex rel. v. O’Toole, 164 Iil., 344; Kaufman v. People ez rel., 
S85 T11., 113: 


General Provisions 


Sror1on 29. All judicial officers shall be commissioned by the 
Governor. All laws relating to courts shall be general, and of 
uniform operation; and the organization, jurisdiction, powers, 
proceedings and practice of all courts, of the same class or grade, 
so far as regulated by law, and the force and effect of the process, 
judgments and decrees of such courts, severally, shall be uniform. 

People ex rel. v. Meech, 101' Iil., 200; Tissier v. Rhein, 130 Ii1., 


3 


Se eg ee Re oe 


142 ILLINOIS HISTORICAL COLLECTIONS 


110; People ex rel. v. Onahan et al., 170 Ill., 449; People v. Cosmo- 5 
politan Fire Insurance Company, 246 Ill., 442; but see City of Chi- 
cago v. Williams, 254 JIl., 360; David v. Commercial Mutual Acci- 
dent Company, 243 Ill., 43, and article Iv, section 34; Waugh v. 
Glos et al., 246 Ill., 604; People ex rel. v. Rodenberg, 254 I7l., 386; 
see article vi, section 21. 

Section 30. The General Assembly may, for cause entered on 
the journals, upon due notice and opportunity of defense, remove 
from office any judge, upon concurrence of three-fourths of all the 
members elected, of each house. All other officers in this article 
mentioned, shall be removed from office on prosecution and final 
conviction, for misdemeanor in office. 

Srction 31. All judges of courts of record, joie to the 
Supreme Court, shall, on or before the first day of June, of each 
year, report in writing to the judges of the Supreme Court, such 
defects and omissions in the law as their experience may sug- 
gest; and the judges of the Supreme Court shall, on or before 
the first day of January, of each year, report in writing to the 
Governor such defects and omissions in the Constitution and 
laws as they may find to exist, together with appropriate forms 
of bills to cure such defects and omissions in the laws. And 
the judges of the several circuit courts shall report to the next 
General Assembly the number of days they have held court in the 
several counties composing their respective circuits, the preceding 
two years. ; 

Correspondence between Governor and Judges of Supreme Court, 
243 Tll., 9. - : 

Srecrion 32. All officers provided for in this article shall hold 
their offices until their successors shall be qualified, and they shall, 
respectively, reside in the division, circuit, county or district for 
which they may be elected or appointed. The terms of office of 
all such officers, where not otherwise prescribed in this article, shall 
be four years. All officers, where not otherwise provided for in this 
article, shall perform such duties and receive such compensation as 
is, or may be, provided by law. Vacancies in such elective offices 
shall be filled by election; but where the unexpired term does not ~ 
exceed one year the vacancy shall be filled by appointment, as 


follows: Of judges, by the Governor; of clerks of courts, by the 


_ CONSTITUTION OF THE STATE OF ILLINOIS 143 


court to which the office appertains, or by the judge or judges 
thereof; and of all such other offices, by the board of supervisors, 
or board of county commissioners, in the county where the vacancy 
occurs. 
People ex rel. v. Kingsbury, 100 Iil., 509; People ez rel. v. Olson 
et al., 245 Iil., 288. ; 

Section 33. All process shall run; In the name of the People 
of the State of Illinois; and all prosecutions shall be carried on; 
In the name and by the authority of the People of the State of 
Iilinois ; and conclude; Against the peace and dignity of the same. 

“Population,” whenever used in this article, shall be deter- 
mined by the next preceding census of this State, or of the United 
States. 


People v. Gartenstein, 248 IIl., 546; People v. Larsen, 265 Iil1., 406. 


ARTICLE VII 


Suffrage 
Section 1. Every person having resided in this State one year, 
in the county ninety days, and in the election district thirty days 
next preceding any election therein, who was an elector in this 
State on the first day of April, in the year of our Lord one thousand 
eight hundred and forty-eight, or obtained a certificate of natu- 
alization, before any court of record in this State, prior to the 
first day of January, in the year of our Lord one thousand eight 
hundred and seventy, or who shall be a male citizen of the United 
States, above the age of twenty-one years, shall be entitled to 
vote at such election. 
People ex rel. v. Hoffman et al., 116 Il1., 587; Plummer ef al. v. 
Yost et al., 144 I71., 68; Scown v. Czarnecki ef al., 264 Ii1., 305; 
People ex rel. v. Peltier e¢ al., 265 ITl., 630; People ex rel. v. Byers, 
271 IU., 600; Franklin v. Westfall, 273 Ill., 402; Alberts et al. v. 
Town of Danforth et al., 281 Iil., 521; see article nu, section 18. 
Cumulative voting: see article tv, sections 7 and 8; People ez 
rel. v. Taylor et al., 257 I1., 192. 
_ Primary elections: People v. Election Commissioners, 221 I1., 
9; Rouse v. Thompson, 228 Iil., 522; People v. Strassheim, 240 
Til., 279; People v. Deneen, 247 ITl., 289. 


144 ILLINOIS HISTORICAL COLLECTIONS 


Srotion 2. All votes shall be by ballot. 

Lynch v. Malley, 215 Ill., 574; People v. Taylor, 257 Iil., 192; 
People ex rel. v. Czarnecki, 266 Ill., 372. 

Section 3. Electors shall, in all cases except treason, idling, 
or breach of the peace, be privileged from arrest during their 
attendance at elections, and in going to and returning from the 
same. And no elector shall be obliged to do military duty on the 
days of election, except in time of war or public danger. 

Seotion 4. No elector shall be deemed to have lost his resi- 
dence in this State by reason of his absence on the business of the 
United States, or of this State, or in the military or naval service 
of the United States. : 

Section 5. No soldier, seaman or marine in the army or navy 
of the United States, shall be deemed a resident of this State in 
consequence of being stationed therein. 

Section 6. No person shall be elected or appointed to any 


office in this State, civil or military, who is not a citizen of the 


United States, and who shall not have resided in this State one 
year next preceding the election or appointment. 
People ex rel. v. McCormick, 261 Jil., 413. 
Section %. The General Assembly shall pass laws excluding 
from the right of suffrage persons convicted of infamous crimes. 
Christie v. People, 206 I11., 337. 


ARTICLE VIII 


Education 


Section 1. The General Assembly shall provide a thorough and 
efficient system of free schools, whereby all children of this State 
may receive a good common school education. 


Powell et al. v. Board of Education, 97 Ill., 375; People ex rel. 
v. Mayor and Common Council of Alton, 193 m., 309; People 
ex rel. v. Board of Education et al., 234 Ill., 422; People v. Moore 
et al., 240 I1l., 408; see People ex rel. v. English et al., 139 Ill., 622, 
and also Plummer ez al. v. Yost et al., 144 Ill, 68. 


Srotion 2. All lands, moneys, or other property, donated, 
granted or received for school, college, seminary or university pur- 


TL. 5 


CONSTITUTION OF THE STATE OF ILLINOIS 145 


poses, and the proceeds thereof, shall be faithfully applied to the 
objects for which such gift or grants were made. 
Grosse v. People ex rel., 218 Ill., 342; City of Chicago, et al. v. 
Tribune Company, 248 Ill., 242. 

Secrion 3. Neither the General Assembly nor any county, 
eity, town, township, school district or other public corporation, 
shall ever make any appropriation or pay from any public fund 
whatever, anything in aid of any church or sectarian purpose, or 
to help support or sustain any school, academy, seminary, college, 
university, or other literary or scientific institution, controlled by 
any church or sectarian denomination whatever; nor shall any 
grant or donation of land, money, or other personal property ever 
be made by the State, or any such public corporation, to any church, 
or for any sectarian purpose. 

County of Cook v. Chicago Industrial School for Girls, 125 IU1., 
540; but see Dunn v. Chicago Industrial School for Girls et al., 
280 Iil., 618; People ex rel. v. Board of Education, 245 Il., 334; 
Reichwald wv. Catholic Bishop of Chicago et a@l., 258 Iil., 44; see 
article 1, section 3. 

Section 4. No teacher, State, county, township, or district 
school officer shall be interested in the sale, proceeds or profits of 
any book, apparatus or furniture, used or to be used, in any school 
in this State, with which such officer or teacher may be connected, 
under such penalties as may be provided by the General Assembly. 

Section 5. There may be a County Superintendent of Schools 
in each county whose qualifications, powers, duties, compensation, 
and time and manner of election, and term of office, shall be pre- 
scribed by law. 


Jimison v. Adams County, 130 Ill., 558; People ex rel. v. English 
et al., 139 Ill., 622; Plummer et al. v. Yost et al., 144 Ill., 68; see 
article rv, sections 19, 21; article v, section 23; article v1, sections: 
7, 16, 25; article rx, section 11; and article x, section 10. 


ARTICLE IX 
Revenue 
Section 1. The General Assembly shall provide such revenue 
as may be needful, by levying a tax, by valuation, so that every 
person and corporation shall pay a tax in proportion to the value 
of his, her, or its property—such value to be ascertained by some 


- 


146 ILLINOIS HISTORICAL COLLECTIONS — 


person or persons, to be elected or appointed in such manner as the — 


General Assembly shall direct, and not otherwise; but the General 
Assembly shall have power to tax peddlers, auctioneers, brokers, 
hawkers, merchants, commission merchants, showmen, jugglers, 
inn-keepers, grocery-keepers, liquor-dealers, toll bridges, ferries, 
insurance, telegraph and express interests or business, venders of 
patents, and persons or corporations owning or using franchises and 


privileges, in such manner as it shall, from time to time, direct by 


general law, uniform as to the class upon which it operates. 

City of Carrollton v. Bazzette, 159 Ill., 284; Union Central Life 
Insurance Company v. Durfee, 164 Ill., 186; Banta v. City of Chi- 
cago, 172 Ill., 204; but see Price v. People, 193 Jil., 114; Raymond 
et al. v. Hartford Fire Insurance Company et al., 196 Ill., 329; 
Harder’s Fire Proof Storage and Van Company v. City of Chicago, 
285 Ill., 58; First National Bank of Urbana v. Holmes e¢ al., 246 
Ill., 362; but see Raymond v. Chicago Union Traction Company, 
207 U. S., 20; City of Paxton v. Fitzsimmons, 253 JIl., 355; see 
Board of Education v. Haworth, 274 Iil., 538. : 

Section 2. The specification of the objects and subjects of 
taxation shall not deprive the General Assembly of the power to 
require other subjects or objects to be taxed, in such manner as 
may be consistent with the principles of taxation fixed in this 
Constitution. 

Kochersperger v. Drake et al., 167 Iil., 122; Harder’s Fire Proof 
Storage and Van Company v. City of Chicago, 235 Il1., 58. : 

Section 3. The property of the State, counties, and other 
municipal corporations, both real and personal, and such other 
property as may be used exclusively for agricultural and horti- 
cultural societies, for school, religious, cemetery and charitable 
purposes, may be exempted from taxation; but such exemption 
shall be only by general law. In the assessment of real estate 
incumbered by public easement, any depreciation occasioned by 
such easement may be deducted in the valuation of such property. 

People’s Loan and Homestead Association of Joliet v. Keith, 153 
Iit., 609; Supreme Lodge v. Board of Review of Effingham County, 
223 Ill., 54; People ex rel v. First Congregational Church of Oak 
Park, 232 I11., 158; but see First Congregational Church of DeKalb 
v. Board of Review of DeKalb County, 254 IIl., 220; Consolidated 
Coal Company v. Miller et al., 236 Ill., 149; People ex rel. v. 
Deutsche Gemeinde, 249 IUl., 132. 


CONSTITUTION OF THE STATE OF ILLINOIS 147 


Szotion 4. The General Assembly shall provide, in all cases 
where it may be necessary to sell real estate for the non-payment 
of taxes or special assessments, for State, county, municipal, or 
_ other purposes, that a return of such unpaid taxes or assessments 
shall be made to some general officer, of the county, having au- 


_ thority to receive State and county taxes; and there shall be no 


sale of said property for any of said taxes or assessments but by 
said officer, upon the order of judgment of some court of record. 
Chambers v. People ex rel., 113 Iil., 509. 

Srotion 5. The right of redemption from all sales of real 
estate, for the non-payment of taxes or special assessments of any 
character, whatever, shall exist in favor of owners and persons in- 
terested in such real estate, for a period of not less than two years 
from such sales thereof. And the General Assembly shall provide, 
by law, for reasonable notice to be given to the owners or parties 
interested, by publication or otherwise, of the fact of the sale of 
the property for such taxes or assessments, and when the time 
of redemption shall expire: Provided, that occupants shall in all 
eases be served with personal notice before the time of redemption 
expires. 

Frew v. Taylor, 106 Ill., 159; Gonzalia et al. v. Bartelsman, 143 
Til., 634; Palmer v. Riddle, 180 [il., 461. . 

Srotron 6. The General Assembly shall have no power to re- 
lease or discharge any county, city, township, town or district, 
whatever, or the inhaitants thereof, or the property therein, from 
their or its proportionate share of taxes to be levied for State 
purposes, nor shall commutation for such taxes be authorized in 
any form whatsoever. 

People’s Loan and Homestead Association of Joliet v. Keith, 
158 Tll., 609; Raymond et al. v. Hartford Fire Insurance Company 
et al., 196 Iil., 329; Board of Education v. Haworth, 274 Iil., 538. 

Section 7. All taxes levied for State purposes shall be paid 
into the State treasury. 

People ex rel. v. Lippincott, 65 II1., 548. 

Section 8. County authorities shall never assess taxes, the 
aggregate of which shall exceed seventy-five cents per one hundred 
dollars’ valuation, except for the payment of indebtedness existing 


148 ILLINOIS HISTORICAL COLLECTIONS 


at the adoption of this Constitution, unless authorized by a vote 
of the people of the county. 
Wright et al, v. Wabash, St. Louis, and Pacific Railway Company, 
120 Ill., 541; County of Coles v. Goehring, 209 Iil., 142; Booth v. 
Opel, 244 Ill., 317; but see Hodges et al. v. Crowley, 186 Jil., 305; 
also see article Ix, section 12. 


Suction 9. The General Assembly may vest the corporate au- 
thorities of cities, towns, and villages, with power to make local 
improvements by special assessment or by special taxation of 
contiguous property, or otherwise. For all other corporate pur- 
poses, all municipal corporations may be vested with authority to 
assess and collect taxes; but such taxes shall be uniform, in 
respect to persons and property, within the jurisdiction of the body 
imposing the same. 

Taxes for corporate purposes—uniformity—corporate authori- 
ties: Sherlock et al. v. Village of Winnetka, 68 Jil., 530; see article 
Ix, section 1; West Chicago Park Commissioners v. Western Union 
Telegraph Company et al., 103 Iil., 33; Cornell v. People ex rél., 
107? Ill., 372; Wetherell v. Devine, 116 Ill., 681; People ex rel. v. 
Knopf, 171 Ill., 191; People et al. v. Block et al., 276 Ill., 286; see 
Herschbach v. Kaskaskia Island Sanitary and Levee District, 265 
Iil., 388, and article tv, section 31. . 

Special assessments—what is a local improvement—when may 
special assessments be levied—corporate authorities—special as- 
sessment and special taxation: Craw et al. v. Village of Tolono 
et al., 96 Ill., 255; Crane et al. v. West Chicago Park Commission- 
ers, 153 I1l., 348; Loeffler v. City of Chicago et al., 246 Il., 43. 

Updike v. Wright 81 Iil., 49; see article rv, section 31 and 
Herschbach v. Kaskaskia Island Sanitary and Levee District, 265 
Ill., 388. 

West Chicago Park Commissioners v. Western Union Telegraph 
Company, 103 Ill., 33; Cornell v. People ex rel., 107 IU, 372; 
Wetherell v. Devine, 116 Ill., 631; West Chicago Park Commis- 
sioners v. Sweet et al., 167 Ill., 326, and see Van Nada ef al. v. 
Goedde e¢ al., 263 II1., 105. ‘ 

Kuehner et al. v. City of Freeport, £43 Ill., 92; Hoover v. People 
ex rel., 171 Iil., 182. 


Sxotion 10. The General Assembly shall not impose ate upon 
municipal corporations, or the inhabitants or property thereof, for 
corporate purposes, but shall require that all the taxable property 
within ihe limits of municipal corporations shall be taxed for the 


Bee ee 
ay ae ae 


CONSTITUTION OF THE STATE OF ILLINOIS 149 


payment of debts contracted under authority of law, such taxes to 
be uniform in respect to persons and property, within the juris- 
diction of the body imposing the same. Private property shall not 
be liable to be taken or sold for the payment of the corporate debts 
of a municipal corporation. 

Marshall e¢ al. v. Silliman et al., 61 Ill., 218; City of Chicago v. 
Manhattan Cement Company, 178 IIl., 372; Morgan et al. v. 
Schusselle e¢ al., 228 Iil., 106; People et al. v. Block et al., 276 Iil., 
286; see Wilson v. Board of Trustees of the Sanitary District of 
Chicago et al., 133 Ill., 448; see article rx, sections 1, 9. 

Szotion 11. No person who is in default, as collector or cus- 
todian of money or property belonging to a municipal corporation 
shall be eligible to any office in or under such corporation. The 
fees, salary or compensation of no municipal officer who is elected 
or appointed for a definite term of office, shall be increased or 
diminished during such term. 

County of Cook v. Sennott, 136 Ill., 314; Wolf v. Hope, 210 Iil., 
50; City of Chicago v. Wolf et al., 221 Ill., 130; see article ry, 
sections 19, 21; article v, section 23; article v1, sections 7, 16, 25; 
article viir, section 5; article x, section 10. 

Srotion 12. No county, city, township, school district, or other 
municipal corporation, shall be allowed to become indebted in any 
manner or for any purpose, to an amount, including existing in- 
debtedness, in the aggregate exceeding five per centum on the 
value of the taxable property therein, to be ascertained by the last 
assessment for State and county taxes, previous to the incurring 
of such indebtedness. Any county, city, school district, or other 
municipal corporation, incurring any indebtedness as aforesaid, 
shall before, or at the time of doing so, provide for the collection 
of a direct annual tax sufficient to pay the interest on such debt, 
as it falls due, and also to pay and discharge the principal thereof 
within twenty years from the time of contracting the same. 


This section shall not be construed to prevent any county, city, 
township, school district, or other municipal corporation, from 
issuing their bonds in compliance with any vote of the people which 
may have been had prior to the adoption of this Constitution in 
pursuance of any law providing therefor. 


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150  _ ILLINOIS HISTORICAL COLLECTIONS — 


City of Bloomington v. Perdue, 99 Jil., 329; Wilson v. Board of 
Trustees of the Sanitary District of Chicago et al., 133 IU, 443; 
City of Chicago v. Manhattan Cement Company, 178 Jil., 372; City 
of Chicago ez al. v. Fishburn, 189 Jll., 367; Russell v. High School 
Board of Education et al., 212 Ill., 327; Lobdell et al. v. City of — 
Chicago et al., 227 Ill., 218; Schnell et al. v. City of Rock Island 
et al., 232 Ill., 89; Booth v. Opel, 244 Ill., 317; but see Hodges et al. 
v. Crowley, 186 Ill., 305; People ex rel. v. Chicago and Alton Rail— 
road Company et al., 253 Ill., 191; People ex rel. v. Honeywell, 
258 Ill., 319; see article rx, section 8. . 


SErction 13. The corporate authorities of the city of Chicago 
are hereby authorized to issue interest-bearing bonds of said city to 
an amount not exceeding five million dollars, at a rate of interest 
not to exceed five per centum per annum, the principal payable ~ 
within thirty years from the date of their issue, and the proceeds 
thereof shall be paid to the treasurer of the World’s Columbian Ex- 
position, and used and disbursed by him under the direction and 


control of the directors in aid of the World’s Columbian Exposition, _ 


to be held in the city of Chicago in pursuance of an act of Congress 
of the United States: Provided, that if, at an election for the 
adoption of this amendment to the constitution, a majority of the 
votes cast within the limits of the city of Chicago shall be against 
its adoption, then no bonds shall be issued under this amendment. 
And said corporate authorities shall be repaid as large a proportion- 
ate amount of the aid given by them as is repaid to the stockholders 
on the sums subscribed and paid by them, and the money so re- 
ceived: shall be used in the redemption of the bonds issued as afore- 
said: Provided, that said authorities may take, in whole or in part 
of the sum coming to them, any permanent improvements placed — 
on land held or controlled by them: And provided further, that 
no such indebtedness so created shall in any part thereof be paid 
by the State, or from any State revenue, tax or fund, but = same 
shall be paid by the said city of Chicago alone.® 


Stone v. City of Chicago, 207 Ill., 492. 


*Section 13 was added by the fifth amendment to the constitution. 
The amendment was proposed by a resolution of the general assembly 
in 1890. It was ratified by the voters on November 4, 1890, and pro- 
claimed adopted on November 29 of the same year. 


CONSTITUTION OF THE STATE OF ILLINOIS 151 


ARTICLE X 
Counties 

Section 1. No new county shall be formed or established by 
the General Assembly, which will reduce the county or counties, 
or either of them, from which it shall be taken, to less contents 
than four hundred square miles; nor shall any county be formed 
of less contents; nor shall any line thereof pass within less than ten 
miles of any county seat of the county or counties proposed to be 
divided. 

Srotion 2. No county shall be divided, or have any part 
stricken therefrom, without submitting the question to a vote of 
the people of the county, nor unless a majority of all the legal 
voters of the county, voting on the question, shall vote for the 
same. 


People ex rel. v. Marshall, 12 I1., 391. 


Section 3. There shall be no territory stricken from any 
county, unless a majority of the voters living in such territory, 
shall petition for such division; and no territory shall be added 
to any county without the consent of the majority of the voters 
of the county to which it is proposed to be added. But the portion 
so stricken off and added to another county, or formed in whole 
or in part into a new county, shall be holden for, and obliged to 
pay its proportion of the indebtedness of the county from which 
it has been taken. 


People ex rel. v. Marshall, 12 Iil., 391. 


County Seats 


Section 4. No county seat shall be removed until the point to 
which it is proposed to be removed shall be fixed in pursuance 
of law, and three-fifths of the voters of the county, to be ascertained 
in such manner as shall be provided by general law, shall have 
voted in favor of its removal to such point; and no person shall 
vote on such question who has not resided in the county six months, 


and in the election precinct ninety days next preceding such elec- 
—13 HC 


152 


tion. The question of the removal of a county seat shall not be 
oftener submitted than once in ten years, to a vote of the people. 
But when an attempt is made to remove a county seat to a point 
nearer to the center of the county, then a majority vote only shall 
be necessary.” ; 


Village of Ridgway v. County of Gallatin et al., 181 I1., 521. _ 


County Government 


SEcTIon 5. The General Assembly shall provide, by general 
law, for township organization, under which any county may or- 
ganize whenever a majority of the legal voters of such county, 


voting at any general election, shall so determine, and whenever 


any county shall adopt township organization, so much of this con- — 
stitution as provides for the management of the fiscal concerns of 

the said county by the board of county commissioners, may be dis- 
pensed with, and the affairs of said county may be transacted in 
such manner as the General Assembly may provide. And in any 
county that shall have adopted a township organization, the ques- 
tion of continuing the same may be submitted to a vote of the 
electors of such county, at a general election, in the manner that 
now is or may be provided by law; and if a majority of all the 
votes cast upon that question shall be against township organiza- 
tion, then such organization shall cease in said county; and all 
laws in force in relation to counties not having township organi- 
zation, shall immediately take effect and be in force in such county. 
No two townships shall have the same name; and the day of 
holding the annual township meeting shall be uniform throughout 
the State. ct Seco 


People ex rel. v. Knopf, 171 Jll., 191; People v. Board of Com- 
missioners of Cook County et al., 176 Ill., 576; People ex rel. v. 
Martin, 178 Jil, 611. 


"In the section as it originally appeared the words “a majority” 
appeared instead of the word “three-fifths” and the last sentence was 
omitted. Under the terms of section 12 of the schedule the word 
“three-fifths” was substituted for the words “a majority” and the last 
sentence of the section was added. 


CONSTITUTION OF THE STATE OF ILLINOIS 153 


Srotion 6. At the first election of County Judges under this 
Constitution, there shall be elected in each of the counties in this 
State, not under township organization, three officers, who shall be 
styled “The Board of County Commissioners,” who shall hold ses- 
sions for the transaction of county business as shall be provided by 
law. One of said commissioners shall hold his office for one year, 
one for two years, and one for three years, to be determined by lot; 
and every year thereafter one such officer shall be elected in each 
of said counties for the term of three years. 


People ez rel. v. McCormick, 267 JIl., 413. 


n 


Section 7. The county affairs of Cook county shall be man- 
aged by a Board of Commissioners of fifteen persons, ten of whom 


shall be elected from the city of Chicago, and five from towns 


outside of said city, in such manner as may be provided by law. 


Dahnke v. People, 168 I71., 102; People ex rel. v. Board of Com- 
missioners of Cook County ef al., 176 Ii., 576; Morrison et al. v. 
People, 196 Ill., 454; see People ex rel v. McCormick, 261 JI1., 413. 


County Officers and Their Compensation 


Section 8. In each county there shall be elected the following 
County Officers at the general election to be held on the Tuesday 
after the first Monday in November, A. D. 1882, a County Judge, 
County Clerk, Sheriff and Treasurer, and at the election to be held 
on the Tuesday after the first Monday in November, A. D. 1884, 
a Coroner and a Clerk of the Circuit Court (who may be ex-officio 
recorder of deeds, except in Counties having 60,000 and more in- 
habitants, in which Counties a Recorder of deeds shall be elected 
at the general election in 1884), each of said officers shall enter 
upon the duties of his office, respectively on the first Monday of 
December, after his election, and they shall hold their respective 
offices for the term of four years, and until their successors are 
elected and qualified: 

Provided, That no person having once been elected to the office 
of Sheriff, or Treasurer shall be eligible to said office for four years 


154 ILLINOIS HISTORICAL COLLECTIONS 


after the expiration of the term for which he shall have been 
elected.® 
People ex rel. v., Kingsbury, 100 Ill., 509; see article v1, section 
32; McChesney v. People ex rel., 174 Iil., 46. 

Section 9. The clerks of all the courts of record, the Treas- 
urer, Sheriff, Coroner and Recorder of Deeds of Cook county shall 
Teceive as their only compensation for their services, salaries to be 
fixed by law, which shall in no case be as much as the lawful 
compensation of a Judge of the Circuit Court of said county, and ~ 
shall be paid, respectively, only out of the fees of the office actually 
collected. All fees, perquisites and emoluments (above the amount 
of said salaries) shall be paid into the county treasury. The 
number of the deputies and assistants of such officers shall be 
determined by rule of the Circuit court, to be entered of record, 
and their compensation shall be determined by the County Board. 

County of Cook v. Sennott, 136 Ill., 314; County of Cook v. Hart- 
ney, 169 Ill., 566; Helliwell et al. v. Sweitzer, 278 Til., 248. 

Srction 10. The County Board, except as provided in section 
nine of this article, shall fix the compensation of all county officers, 
with the amount of their necessary clerk hire, stationery, fuel and 
other expenses, and in all cases where fees are provided for, said 
compensation shall be paid only out of, and shall in no instance 
exceed, the fees actually collected; they shall not allow either of 

’As modified by the second amendment to the constitution. The 
amendment was proposed by a resolution of the general assembly in 
1879. It was ratified by the voters on November 2, 1880, and pro- 
claimed adopted on November 22, 1880. Section 8 as originally adopted 
reads: 

“SrEcTION 8. In each county there shall be elected the following 
county officers: County Judge, Sheriff, County Clerk, Clerk of the Cir- 
cuit Court, (who may be ex officio Recorder of Deeds, except in counties 
having sixty thousand and more inhabitants, in which counties a Ke- 
corder of Deeds shall be elected at the general election in the year 
of our Lord one thousand eight hundred and seventy-two), Treasurer, 
Surveyor and Coroner, each of whom shall enter upon the duties of his 
office, respectively, on the first Monday of December after their elec- 
tion; and they shall hold their respective offices for the term of four 
years, except, the Treasurer, Sheriff and Coroner, who shall hold their 


offices for two years, and until their successors shall be elected and 


qualified.” 


CONSTITUTION OF THE STATE OF ILLINOIS 155 


them more per annum than fifteen hundred dollars, in counties not 
exceeding twenty thousand inhabitants; two thousand dollars in 
counties containing twenty thousand and not exceeding thirty thou- 
sand inhabitants; twenty-five hundred dollars in counties con- 
taining thirty thousand and not exceeding fifty thousand inhabit- 
ants; three thousand dollars in counties containing fifty thousand 
and not exceeding seventy thousand inhabitants; thirty-five 
hundred dollars in counties containing seventy thousand and not 
exceeding one hundred thousand inhabitants; and four thousand 
dollars in counties containing over one hundred thousand and not 
exceeding two hundred and fifty thousand inhabitants; and not 
more than one thousand dollars additional compensation for each 
additional one hundred thousand inhabitants: Provided, that the 
compensation of no officer shall be increased or diminished during 
his term of office. All fees or allowances by them received, in 
excess of their said compensation, shall be paid into the county 
treasury. 

Jennings v. Fayette County, 97 Iil., 419; Brissenden v. County 
of Clay, 161 Ill., 216; Coles County v. Messer, 195 Ill., 540; but see 
People v. Fuller, 238 I71., 116; Wulff v. Aldrich, 124 Iil., 591; County 
of Cook v. Hartney, 169 J1l., 566; Parker v. County of Richland, 
214 Ill., 165; People ex rel. v. Chetlain, 219 Jil., 248; People v. 
Williams, 232 I1l., 519; Butzow v. Kern e¢ al., 264 IIl., 498; see 
article rv, sections 19, 21; article v, section 23; article v1, sections 
7, 16, 25; article vii, section 5; article rx, section 11. 

Section 11. The fees of township officers, and of each class of 
county officers, shall be uniform in the class of counties to which 
they respectively belong. The compensation herein provided for 
shall apply only to officers hereafter elected, but all fees established 
by special laws shall cease at the adoption of this constitution, and 
such officers shall receive only such fees as are provided by general 
law. 

Board of Supervisors of Jefferson County v. Jones et al., 63 Til., 
531. 

Section 12. All laws fixing the fees of State, County and 
‘Township officers shall terminate with the terms, respectively, 
of those who may be in office at the meeting of the first Gen- 
eral Assembly after the adoption of this constitution; and the 


De eM aipe Ped eae 


Sat 
Yi 


Tale ne eres 


AS NK 


fe 


156 ILLINOIS HISTORICAL COLLECTIONS — 


General Assembly shall, by general law, uniform in its operation, 
provide for and regulate the fees of said officers and their succes- 
sors, so as to reduce the same to a reasonable compensation for 
services actually rendered. But the General Assembly may, by 
general law, classify the counties by population into not more than 
three classes, and regulate the fees according to class. 

This article shall not be construed as depriving the General As- 
sembly of the power to reduce the fees of existing officers. 


Kreitz v. Behrensmeyer, 149 Jll., 496; Cook County v. Fairbank 
et al., 222 Iil., 578. . 


Section 13. Every person who is elected or appointed to any 
office in this State, who shall be paid in whole or in part by fees, 
shall be required by law to make a semi-annual report, under 
oath, to some officer to be designated by law, of all his fees and 
emoluments. 

People ex rel. v. Chetlain, 219 I1l., 248. 


ARTICLE XI 
Corporations 
Section 1. No corporation shall be created by special laws, or 
its charter extended, changed, or amended, except those for chari- 
table, educational, penal or reformatory purposes, which are to be 
and remain under the patronage and control of the State, but the 
General Assembly shall provide, by general laws, for the organiza- 
tion of all corporations hereafter to be created. 


Owners of Lands v. People ez rel., 113 Ill., 296; People ex rel. v. 
Chicago Gas Trust Company, 130 IIl., 268; Braceville Coal Com- 
pany v. People, 147 Iil., 66. 


Section 2. All existing charters or grants of special or ex- 
clusive privileges, under which organization shall not have taken 
place, or which shall not have been in operation within ten days 
from the time this constitution takes effect, shall thereafter have — 
no validity or effect whatever. 


St. Louis, Alton, and Terre Haute Railroad Company et al. v. 
Belleville City Railway Company, 158 II1., 390. ; 


SEcTIon 3. The General Assembly shall provide, by law, that 
in all elections for directors or managers of incorporated com- 
panies every stockholder shall have the right to vote, in person or 


tet 
——. 


CONSTITUTION OF THE STATE OF ILLINOIS 157 


by proxy, for the number of shares of stock owned by him, for as 
many persons as there are directors or managers to be elected, or 
to cumulate said shares, and give one candidate as many votes as 
the number of directors multiplied by the number of his shares of 
stock, shall equal, or to distribute them on the same principle 
among as many candidates as he shall think fit; and such directors 
or managers shall not be elected in any other manner. 
Durkee v. People ex rel., 155 Ill., 354. 

Srorion 4. No law shall be passed by the General Assembly, 
granting the right to construct and operate a Street Railroad 
within any city, town, or incorporated village, without requiring 
the consent of the local authorities having the control of the 
street or highway proposed to be occupied by such Street Railroad. 

Bryne v. Chicago General Railway Company e¢ al., 169 IIl., 75; 
Chicago General Railway Company v. City of Chicago, 176 IIl., 253; 
Chicago and Southern Traction Company v. Illinois Central Rail- 


road Company, 246 Iil., 146; City of Chicago et al. v, O’Connell 
et al., 278 Ill, 591. 


Banks 


Section 5. No State Bank shall hereafter be created, nor shall 
the State own or be liable for any stock in any corporation or joint 
stock company or association for banking purposes, now created, or 
to be hereafter created. No act of the General Assembly author- 
izing or creating corporations or associations, with banking powers, 
whether of issue, deposit or discount, nor amendments thereto, 
shall go into effect or in any manner be in force, unless the same 
shall be submitted to a vote of the people at the general election 
next succeeding the passage of the same, and be approved by a 
majority of all the votes cast at such election for or against such 
law. 


Reed et al. v. People ex rel., 125 Iil., 592; Dupee et al. v. Swigert, 
127 Ill., 494; but see People v. Adams State Bank, 272 JIl., 277; 
People ex rel. v. La Salle Street Trust and Savings Bank, 269 Ii1., 
518; People ex rel. v. Brady, 273 Ill., 178; Bank of the Republic v. 
County of Hamilton, 27 Ill., 58; Smith v. Bryan, 34 IIl., 364; and 
People ex rel. v. Loewenthal e¢ al., 93 I1l., 191. 


Srotion 6. Every stockholder in a banking corporation or in- 


158 ILLINOIS HISTORICAL COLLECTIONS 


stitution shall be individually responsible and liable to its eredi- 
tors, over and above the amount of stock by him or her held, to an 
amount equal to his or her respective shares so held, for all its 
liabilities accruing while he or she remains such stockholder. 
Dupee et al. v. Swigert, 127 Ill, 494; Golden et al. v. Cervenka 
et al., 278 Ill., 409. 

Section 7%. The suspension of specie payments by banking in- 
stitutions, on their circulation, created by the laws of this State, 
shall never be permitted or sanctioned. Hvery banking association 
now, or which may hereafter be, organized under the laws of this 
State, shall make and publish a full and accurate quarterly state- 
ment of its affairs, (which shall be certified to, under oath, by one 
or more of its officers) as may be provided by law. 

Section 8. If a general banking law shall be enacted, it shall 
provide for the registry and countersigning, by an officer of State, 
of all bills or paper credit, designed to circulate as money, and re- 
quire security, to the full amount thereof, to be deposited with the 
State Treasurer, in United States or Illinois State Stocks, to be 
rated at ten per cent. below their par value; and in case of a depre- 
ciation of said stocks to the amount of ten per cent. below par, the 
bank or banks owning said stocks shall be required to make up said 
deficiency, by depositing additional stocks. And said law shall also 
provide for the recording of the names of all stockholders in 
such corporations, the amount of stock held by each, the time of 
any transfer thereof, and to whom such transfer is made. 


People ex rel. v. La Salle Street Trust and Savings Bank, 269 
Til., 518. 


Railroads 


Srotion 9. Every railroad corporation organized or doing busi- 
ness in this State, under the laws or authority thereof, shall have 
and maintain a public office or place in this State for the transac- 
tion of its business, where transfers of stock shall be made and in 
which shall be kept, for public inspection, books, in which shall 
be recorded the amount of capital stock subscribed, and by whom; 
the names of the owners of its stock, and the amounts owned by 
them respectively; the amount of stock paid in and by whom; the 


CONSTITUTION OF THE STATE OF ILLINOIS 159 


transfers of said stock; the amount of its assets and liabilities, and 
the names and place of residence of its officers. The directors 
of every railroad corporation shall, annually, make a report, under 
oath, to the Auditor of Public Accounts, or some officer to be 
designated by law, of all their acts and doings, which report shall 
include such matters relating to railroads as may be prescribed by 
law. And the General Assembly shall pass laws enforcing by 
suitable penalties the provisions of this section. 

Szotion 10. The rolling stock, and all other movable property 
belonging to any railroad company or corporation in this State, 
shall be considered personal property, and shall be liable to exe- 
eution and sale in the same manner as the personal property of 
individuals, and the General Assembly shall pass no law exempting 
any such property from execution and sale. 

Palmer v. Forbes et al., 23 Ill., 301. 

Srcrion 11. No railroad corporation shall consolidate its stock, 
property or franchises with any other railroad corporation owning 
a parallel or competing line; and in no case shall any consolidation 
take place except upon public notice given, of at least sixty days, to 
all stockholders, in such manner as may be provided by law. A 
majority of the directors of any railroad corporation, now incorpo- 
tated or hereafter to be incorporated by the laws of this State, 
shall be citizens and residents of this State. 

Chicago and Milwaukee Electric Railroad Company v. Chicago 


and Northwestern Railway Company ef al., 2/1 IIll., 352; Venner 
v. Chicago City Railway Company, 258 JI1., 523. 

Section 12. Railways heretofore constructed or that may 
hereafter be constructed in this State, are hereby declared public 
highways, and shall be free to all persons, for the transportation 
of their persons and property thereon, under such regulations as 
may be prescribed by law. And the General Assembly shall, from 
time to time, pass laws establishing reasonable maximum rates of 
charges for the transportation of passengers and freight on the 
different railroads in this State. 

Toledo, Peoria, and Warsaw Railway Company v. Pence, 68 JII., 
524; Koelle et al. v. Knecht e¢ al., 99 Iil., 396; Chicago, Burlington, 


and Quincy Railrcead Company v. Jones, 149 Iil., 361; People ex 
rel. v. St. Louis, Alton, and Terre Haute Railroad Company, 176 


- 


160 TEEEVOIS HISTORICAL COLLECTIONS — ‘ 


Til., 512; Litchfield and Madison Railway Company et al, v. People : 


ex rel., 222 Ill., 242. 
Srction 13. No railroad corporation shall issue any stock or 


bonds, except for money, labor or property, actually received, and 


applied to the purposes for which such corporation was created; 
and all stock dividends, and other fictitious increase of the capital 
stock or indebtedness of any such corporation, shall be void. The 


capital stock of no railroad corporation shall be increased for any 


purpose, except upon giving sixty days public notice, in Snel 
manner as may be provided by law. 


Peoria and Springfield Railroad Company v. Thompson, 103 Il, 
187; People v. Union Consolidated Elevated Railway Company, 263 
Iil., 32; People v. Union Elevated Railroad Company, 269 I71., 212. 


Sxction 14. The exercise of the power, and the right of emi- 


nent domain shall never be so construed or abridged as to prevent 
the taking, by the General Assembly, of the property and franchises 
of incorporated companies already organized, and subjecting them 
to the public necessity the same as of individuals. The right of 
trial by jury shall be held inviolate in all trials of claims for 
compensation, when, in the exercise of the said right of eminent 
domain, any incorporated company shall be interested either for 
or against the exercise of said right. 


Alton and Southern Railroad v. Vandalia Railroad CGisiaae : 


268 Ill., 68; see article 11, section 13. 


Srcrion 15. The General Assembly shall pass laws to correct 


abuses and prevent unjust discrimination and extortion in the rates 
of freight and passenger tariffs on the different railroads in this 
State, and enforce such laws, by adequate penalties, to the extent, 
if necessary, for that purpose, of forfeiture of their property and 
franchises. 


Chicago and Alton Railroad Company v. People ew rel., 67 Ill. 
af : 


ARTICLE XII 
Militia — 
Section 1. The militia of the State of Illinois shall consist of 
all ablebodied male persons, resident in the State, between the 


CONSTITUTION OF THE STATE OF ILLINOIS 161 


ages of eighteen and forty-five, except such persons as now are, 
or hereafter may be, exempted by the laws of the United States, or 
of this State. 

Dunne v. People, 94 Ill., 120. 

Srction 2. The General Assembly, in providing for the or- 
ganization, equipment and discipline of the militia, shall conform 
as nearly as practicable to the regulations for the government of 
the armies of the United States. 4 

Szotion 3. All militia officers shall be commissioned by the 
Governor, and may hold their commissions for such time as the 
General Asembly may provide. 

Srotion 4. The militia shall, in all cases; except treason, 
felony or breach of the peace, be privileged from arrest during 
their attendance at musters and elections, and in going to and 
returning from the same. 

Section 5. The military records, banners and relics of the 
State, shall be preserved as an enduring memorial of the patriotism 
and valor of Illinois, and it shall be the duty of the General 
Assembly to provide by law for the safe-keeping of the same. 

Srotion 6. No person having conscientious scruples against 
bearing arms, shall be compelled to do militia duty in the time of 
peace: Provided, such person shall pay an equivalent for such 
exemption. 

ARTICLE XIII 
Warehouses 

Szction 1. All elevators or storehouses where grain or other 
property is stored for a compensation, whether the property stored 
be kept separate or not, are declared to be public warehouses, 

Mayer v. Springer, 192 Ill., 270; Hannah v. People ex rel., 198 
Ill., 77; State Public Utilities Commission v. Monarch Refriger- 
ating Company, 267 Iil., 528. 

Srotion 2. The owner, lessee or manager of each and every 
public warehouse situated in any town or city of not less than one 
hundred thousand inhabitants, shall make weekly statements under 
oath, before some officer to be designated by law, and keep the 
same posted in some conspicuous place in the office of such ware- 
house, and shall also file a copy for public examination in such 


162 ILLINOIS HISTORICAL COLLECTIONS 


place as shall be designated by law, which statement shall correctly 
set forth the amount and grade of each and every kind of grain in 
such warehouse, together with such other property as may be stored 
therein, and what warehouse receipts have been issued, and are, at 
the time of making such statement, outstanding therefor; and 
shall, on the copy posted in the warehouse, note daily such changes 
as may be made in the quantity and grade of grain in such ware- 
house; and the different grades of grain shipped in separate lots, 
shall not be mixed. with inferior or superior grades, without the 
consent of the owner or consignee thereof. ee 

Sxcrion 3. The owners of property stored in any warehouse, 
or holder of a receipt for the same, shall always be at liberty to 
examine such property stored, and all the books and records of the 
warehouse in regard to such property. 

Section 4. All railroad companies and other common carriers 
on railroads shall weigh or measure grain at points where it is 
shipped, and receipt for the full amount, and shall be responsible 
for the delivery of such amount to the owner or consignee thereof, . 
at the place of destination. : 

Shellabarger Elevator Company v. Illinois Central Railroad Com- 
pany, 278 Iil., 333. 

Suction 5. All railroad companies receiving and transporting 
grain in bulk or otherwise, shall deliver the same to any consignee 
thereof, or any elevator or public warehouse to which it may be 
consigned, provided such consignee or the elevator or public ware- 
house can be reached by any track owned, leased or used, or which 
can be used, by such railroad companies; and all railroad com- 
panies shall permit connections to be made with their track, so 
that any such consignee, and any public warehouse, coal bank or 
coal yard may be reached by the cars on said railroad. 

Hoyt et al. v. Chicago, Burlington, and Quincy Railroad Com- 
pany, 98 Ill., 601; Millett v. People, 117 Iil., 294; Chicago and Alton 
Railroad Company v. Suffern et al., 129 Ill., 274; Chicago, Madison, 
and Northern Railroad Company et al. v. National Elevator and 
Dock Company et al., 153 Ill., 70. 

Srotion 6. It shall be the duty of the General Assembly to 
pass all necessary laws to prevent the issue of false and fraudulent 
warehouse receipts, and to give full effect to this article of the 


CONSTITUTION OF THE STATE OF ILLINOIS 163 


constitution, which shall be liberally construed so as to protect 
_ producers and shippers. And the enumeration of the remedies 
herein named shall not be construed to deny to the General As- 
sembly the power to prescribe by law such other and further 
Temedies as may be found expedient, or to deprive any person of 
existing common law remedies. 
Munn ¢ al. v. People, 69 Iil., 80; 94 U. 8., 113; Hannah v. People, 
198 Ill., 77; Shellabarger Elevator Company v. Illinois Central 
Railroad Company, 278 IT1., 333. 
Section 7. The General Assembly shall pass laws for the 
inspection of grain, for the protection of producers, shippers and 
Teceiyers of grain and produce. 


People v. Harper ez al., 91 Ill., 357; Board of Trade of the City 
of Chicago et al. v. Cowen e¢ al., 252 Til., 554. 


ARTICLE XIV 


Amendments to the Constitution 


Section 1. Whenever two-thirds of the members of each house 
of the General Assembly shall, by a vote entered upon the journals 
thereof, concur that a Convention is necessary to revise, alter or 
amend the constitution, the question shall be submitted to the 
electors at the next general election. If a majority voting at 
the election vote for a convention, the General Assembly shall, 
at the next session, provide for a convention, to consist of double 
the number of members of the Senate, to be elected in the same 
manner, at the same places, and in the same districts. The General 
Assembly shall, in the act calling the Convention, designate the 
day, hour and place of its meeting, fix the pay of its members and 
officers, and provide for the payment of the same, together with the 
expenses necessarily incurred by the convention in the performance 
of its duties. Before proceeding the members shall take an oath 
to support the Constitution of the United States, and of the State 
of Illinois, and to faithfully discharge their duties as members of 
the Convention. The qualification of members shall be the same 
as that of members of the Senate, and vacancies occurring shall 
be filled in the manner provided for filling vacancies in the General 
Assembly. Said Convention shall meet within three months after 


164 ILLINOIS HISTORICAL COLLECTIONS  — 


such election, and prepare such revision, alteration or amendments __ 
of the Constitution as shall be deemed necessary, which shall be — 
submitted to the electors for their ratification or rejection, at an rs 
election appointed by the convention for that purpose, not less than - 
two nor more than six months after the adjournment thereof; and — es 
unless so submitted and approved, by a majority of the electors 2 
voting at the election, no such revision, alterations or amendments a: 
shall take effect. Pe 
Section 2. Amendments to this Constitution may be proposed _ 
in either House of the General Assembly, and if the same shall be 
voted for by two-thirds of all the members elected to each of the 
two houses, such proposed amendments, together with the yeas and 
nays of each house thereon, shall be entered in full on their respec- _ 
tive journals, and said amendments shall be submitted to the elec- ; 
tors of this State for adoption or rejection, at the next election of 
members of the General Assembly, in such manner as may be pre- 
scribed by law. The proposed amendments shall be published in 
full at least three months preceding the election, and if a majority 
of the electors voting at said election shall vote for the proposed 
amendments, they shall become a part of this Constitution. But 
the General Assembly shall have no power to propose amendments 
to more than one article of this Constitution at the same session, 
nor to the same article oftener than once in four years. . : 
People ex rel. v. Board of Supervisors of La Salle County, 100 


Iil., 495; City of Chicago v. Reeves, 220 Ill., 274; People v. Steven- 
son, 281 Ill., 17. Me 


SECTIONS SEPARATELY SUBMITTED? 
Illinois Central Railroad 


No contract, obligation or liability whatever, of the iHlinots 
Central Railroad Company, to pay any money into the State 
treasury, nor any lien of the State upon, or right to tax property : 
of said Company, in accordance with the provisions of the charter 
of said company, approved February tenth, in the year of our 
Lord one thousand eight hundred and fifty-one, shall ever be 


*See schedule, section 12. 


CONSTITUTION OF THE STATE OF ILLINOIS 165 


released, suspended, modified, altered, remitted, or in any manner 
diminished or impaired by legislative or other authority; and all 
moneys derived from said company, after the payment of the State 


_ debt, shall be appropriated and set apart for the payment of the 


ordinary expenses of the State government, and for no other 
purposes whatever. 


State of Illinois v. Illinois Central Railroad Company, 246 Ill, 
“188. 


Minority Representation 
(See article 1v, sections 7 and 8) 


MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE 
CoRPORATIONS 


No county, city, town, township, or other municipality, shall 
ever become subscriber to the capital stock of any railroad or 
private corporation, or make donation to or loan its credit in aid 
of, such corporation: Provided, however, that the adoption of this 
article shall not be construed as affecting the right of any such 
municipality to make such subscriptions where the same have been 
authorized, under existing laws, by a vote of the people of such 
municipalities prior to such adoption. 

i Casey et al. v. People ex rel., 132 Ill., 546; Williams v. People 

ez rel., 132 Ill., 574; Washingtonian Home of Chicago v. City of 
Chicago, 157 Iil., 414; Stebbins v. Perry County, 167 Iil., 567; City 
of Chicago v. Pittsburg, Cincinnati, Chicago, and St. Louis Rail- 
way Company, 244 Ill., 220; Town of Concord v. Portsmouth Sav- 
ings Bank, 92 U. S., 625. 


Canal 


The Illinois and Michigan Canal, or other canal or waterway 
owned by the State shall never be sold or leased until the specific 
proposition for the sale or lease thereof shall first have been sub- 
mitted to a vote of the people of the State at a general election, 
and have been approved by a majority of all the votes polled at 
such election. The General Assembly shall never loan the credit 
of the State or make appropriations from the treasury thereof, 
in aid of railroads or canals; 


a 


» 


166 ILLINOIS HISTORICAL COLLECTIONS 


Provided, that any surplus earnings of any canal, waterway or 


water power may be appropriated or pledged for its enlargement, 


maintenance or extension; and, 

Provided, further, that the General Assembly may, by suitable 
legislation, provide for the construction of a deep waterway or 
canal from the present water power plant of the Sanitary District 
of Chicago at or near Lockport, in the township of Lockport, in 
the county of Will, to a point in the Illinois river at or near Utica, 
which may be practical for a general plan and scheme of deep 
waterway along a route which may be deemed most advantageous 
for such plan of deep waterway; and for the erection, equipment 
and maintenance of power plants, locks, bridges, dams and ap- 
pliances sufficient and suitable for the development and utilization 
of the water power thereof; and authorize the issue, from time to 
time, of bonds of this State in a total amount not to exceed twenty 
million dollars, which shall draw interest, payable semi-annually, 
at a rate not to exceed four per cent per annum, the proceeds 
whereof may be applied as the General Assembly may provide, in 
the construction of said waterway and in the erection, equipment 
and maintenance of said power plants, locks, bridges, dams and 
appliances. 

All power developed from said waterway may be leased in part 
or in whole, as the General Assembly may by law provide, but in 


the event of any lease being so executed, the rental specified therein _ 
for water-power shall be subject to a revaluation each ten years — 


of the term created, and the income therefrom shall be paid into 
the treasury of the State.*° 
As amended by the seventh amendment to the constitution. The 


amendment was proposed by a resolution of the general assembly in ~ 


1907. It was ratified by the voters on November 3, 1908, and pro 
claimed adopted on November 24, 1908. The original section was as 
follows: , 

“The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have 
been submitted to a vote of the people of the State, at a general elec- 
tion, and have been approved by a majority of all the votes polled at 
such election. 

“The General Assembly shall never loan the credit of the State or 
make appropriations from the treasury thereof, in aid of railroads 


OONSTITUTION OF THE STATE OF ILLINOIS 167 


Burke v. Snively et al., 208 Iil., 328; Hubbard v. Dunne e¢ al., 
276 I1., 598. 


Convict Labor ** 


Hereafter it shall be unlawful for the Commissioners of any 
Penitentiary, or other reformatory institution in the State of Ili- 
nois, to let by contract to any person, or persons, or corporations, 
the labor of any convict confined within said institution.’? 


SCHEDULE 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this State, and to carry the same 
into complete effect, it is hereby ordained and declared: 

Section 1. That all laws in force at the adoption of this Con- 
stitution, not inconsistent therewith, and all rights, actions, prose- 
cutions, claims, and contracts of this State, individuals, or bodies 
corporate, shall continue to be as valid as if this Constitution had 
not been adopted. 

City of Bloomington v. Pollock, 141 II1., 346. 

Section 2. That all fines, taxes, penalties and forfeitures, 
due and owing to the State of Illinois under the present constitu- 
tion and laws, shall inure to the use of the people of the State of 
Illinois, under this Constitution. 

Section 3. Recognizances, bonds, obligations, and all other 
instruments entered into or executed before the adoption of this 
constitution, to the people of the State of Illinois, to any State or 
county officer or public body, shall remain binding and valid, and 
rights and liabilities upon the same shall continue, and all crimes 
and misdemeanors shall be tried and punished as though no change 
had been made in the Constitution of this State. 


or canals: Provided, that any surplus earnings of any canal may be 
appropriated for its enlargement or extension.” 

4 The original amendment contains no title. 

“The separate section relating to convict labor was added as the 
fourth amendment to the constitution. The amendment was proposed 
by resolution of the general assembly in 1885. It was ratified by the 
voters on November 2, 1886, and proclaimed adopted on November 
22, 1886. 

—14HC 


168 ILLINOIS HISTORICAL COLLECTIONS 


Srotion 4. County courts for the transaction of county busi- 
ness in counties not having adopted township organization, shall 
continue in existence, and exercise their present jurisdiction until 
the board of county commissioners provided in this Constitution, 
is organized in pursuance of an act of the General Assembly; and 
the county courts in all other counties shall have the same power 
and jurisdiction they now possess until otherwise provided by 
general law. , 

Blake et al. v. Peckham, 64 Ill., 362; Shaw et al. v. Hill et al., 
67 Iil., 455. 

Srction 5. All existing courts which are not in this Consti- 
tution specifically enumerated, shall continue in existence and 
exercise their present jurisdiction until otherwise provided by law. 

People ex rel. v. Common Council of the City of Aurora et al., 
84 IU., 157. 

Section 6. All persons now filling any office or appointment 
shall continue in the exercise of the duties thereof, according to 
their respective commissions or appointments, unless by this Con- 
stitution it is otherwise directed. 

People ex rel. v. Lippincott, 67 IIl., 333. 

Srction 7%. On the day this Constitution is submitted to the 
people for ratification, an election shall be held for judges of the 
Supreme Court in the second, third, sixth and seventh judicial 
election districts designated in this Constitution, and for the 
election of three judges of the Circuit Court in the county of 
Cook, as provided for in the article of this Constitution relating 
to the Judiciary, at which election, every person entitled to vote, 
according to the terms of this Constitution, shall be allowed to 
vote, and the, election shall be otherwise conducted, returns made 
and certificates issued, in accordance with existing laws, except 
that no registry shall be required at said election: Provided, 
that at said election in the county of Cook no elector shall vote for 
more than two candidates for circuit judge. If, upon canvassing 
the votes for and against the adoption of this Constitution, it shall 
appear that there has been polled a greater number of votes against 
than for it, then no certificates of election shall be issued for any 
of said Supreme or Circuit Judges. 


CONSTITUTION OF THE STATE OF ILLINOIS 169 


Section 8. This Constitution shall be submitted to the people 
of the State of Illinois for adoption or rejection, at an election to 
be held on the first Saturday in July in the year of our Lord one 
thousand eight hundred and seventy, and there shall be separately 
submitted at the same time, for adoption or rejection, sections nine, 
ten, eleven, twelve, thirteen, fourteen and fifteen, relating to rail- 
roads, in the article entitled “Corporations ;” the article entitled 
“Counties ;” the article entitled “Warehouses ;” the question of re- 
quiring a three-fifths vote to remove a county seat; the section 
relating to the Illinois Central Railroad; the section in relation 
to minority representation; the section relating to municipal sub- 
scriptions to railroads or private corporations; and the section re- 
lating to the Canal. Every person entitled to vote under the pro- 
visions of this Constitution, as defined in the article in relation 
to “Suffrage” shall be entitled to vote for the adoption or rejec- 
tion of this Constitution, and for or against the articles, sections 
and question aforesaid, separately submitted; and the said quali- 
fied electors shall vote at the usual places of voting, unless 
otherwise provided; and the said election shall be conducted, 
and returns thereof made according to the laws now in force 
regulating general elections, except that no registry shall be re- 
quired at said election: Provided, however, that the polls shall 
be kept open for the reception of ballots until sunset of said day 
of election. 

Section 9. The Secretary of State shall, at least twenty days 
before said election, cause to be delivered to the County Clerk of 
each county blank poll-books, tally lists and forms of return, and 
twice the number of properly prepared printed ballots for the said 
election that there are voters in such county, the expense whereof 
shall be audited and paid as other public printing ordered by the 
Secretary of State is, by law, required to be audited and paid; and 
the several county clerks shall, at least five days before said elec- 
tion, cause to be distributed to the board of election, in each 
election district in their respective counties, said blank poll-books, 
tally-lists, forms of return, and tickets 

Section 10. At the said election the ballots shall be in the 
following form: 


- 170 ILLINOIS HISTORICAL COLLECTIONS 


: New Constitution TIcKer 

For all the propositions on this ticket which are not cancelled — 
with ink or pencil; and against all propositions which are 60 
cancelled. 

For the new Constitution. 

For the sections relating to railroads in the article entitled 

“Corporations.” 

For the article entitled “Counties.” 

For the article entitled “Warehouses.” 

For a three-fifths vote to remove County Seats. 

For the section relating to the Illinois Central Railroad. 

For the section relating to Minority Representation. 

For the section relating to Municipal Subscriptions to Rail- 

roads or Private Corporations. 

For the section relating to the Canal. 

Each of said tickets shall be counted as a vote cast for each 
proposition thereon not cancelled with ink or pencil, and against 
each proposition so cancelled, and returns thereof shall be made 
accordingly by the judges of election. 

Section 11. The returns of the whole vote cast, and of the 
votes for the adoption or rejection of this Constitution, and for 
or against the articles and sections respectively submitted, shall be 
made by the several county clerks, as is now provided by law, to 
the Secretary of State, within twenty days after. the election; and 
the returns of the said votes shall, within five days thereafter, be 
examined and canvassed by the Auditor, Treasurer and Secretary 
of State, or any two of them, in the presence of the Governor, and 
proclamation shall be made by the Governor, forthwith, of the 
result of the canvass. 

SEorion 12. If it shall appear that a majority of the votes 
polled are “For the New Constitution,’ then so much of this 
Constitution as was not separately submitted to be voted on by 
articles and sections, shall be the supreme law of the State of 
Illinois, on and after Monday the eighth day of August, in the 
year of our Lord one thousand eight hundred and seventy; but if 
it shall appear that a majority of the votes polled were “Against 
the New Constitution,” then so much thereof as was not separately 


CONSTITUTION OF THE STATE OF ILLINOIS 171 


submitted to be voted on by articles and sections, shall be null 
and void. 

If it shall appear that a majority of the votes polled, are “for 
the sections relating to Railroads in the article entitled “Corpora- 
tions”; sections nine, ten, eleven, twelve, thirteen; fourteen and 
fifteen, relating to Railroads in the said article, shall be a part 


- of the Constitution of this State; but if a majority of said votes are 


against such sections, they shall be null and void. If a majority 
of the yotes polled are for the article entitled “Counties,” such 
article shall be part of the Constitution of this State and shall be 
substituted for article seven, in the present Constitution entitled 
“Counties” ; but if a majority of said votes are against such article, 
the same shall be null and void. If a majority of the votes polled 
are “for the article entitled “Warehouses,” such article shall be 
part of the Constitution of this State, but if a majority of the votes 
are against said article, the same shall be null and void. If a ma- 
jority of the votes polled are for either of the sections separately 
submitted, relating respectively, to the “Illinois Central Railroad,” 
“Minority Representation,” “Municipal Subscriptions to Railroads 


_ or Private Corporations,” and the “Canal,” then such of said sec- 


tions as shall receive such majority shall be a part of the Constitu- 
tion of this State; but each of said sections so separately submitted 


-against which, respectively, there shall be a majority of the votes 


polled, shall be null and void: Provided, that the section relating 
to “Minority Representation,” shall not be declared adopted unless 
the portion of the Constitution not separately submitted to be voted 
on by articles and sections shall be adopted, and in case said section 
relating to “Minority Representation” shall become a portion of 
the Constitution, it shall be substituted for sections seven and eight 
of the Legislative Article. If a majority of the votes east at such 
election shall be for a three-fifths vote to remove a county seat, then 
the words “a majority” shall be stricken out of section four of the 
Article on Counties, and the words “three-fifths” shall be inserted 
in lieu thereof; and the following words shall be added to said 
section, to-wit: “But when an attempt is made to remove a county 
seat to a point nearer to the center of a county, then a majority 
vote only shall be necessary.” If the foregoing proposition shall 


ie 
hay 9 


172 ILLINOIS HISTORICAL COLLECTIONS 


not receive a majority of the votes, as aforesaid, then the same 
shall have no effect whatever. 

Section 13. Immediately after the adoption of this Constitu- 
tion, the Governor and Secretary of State shall proceed to ascertain 
and fix the apportionment of the State for members of the first 
House of Representatives under this Constitution. The apportion- 
ment shall be based upon the Federal census of the year of our 
Lord one thousand eight hundred and seventy of the State of Illi- 
nois, and shall be made strictly in accordance with the rules and — 
principles announced in the article on the Legislative Department 
of this Constitution: Provided, that in case the Federal census 
aforesaid can not be ascertained prior to Friday, the twenty-third 
day of September, in the year of our Lord one thousand eight 
hundred and seventy, then the said apportionment shall be based 
on the State census of the year of our Lord one thousand eight 
hundred and sixty-five, in accordance with the rules and principles 
aforesaid. The Governor shall, on or before Wednesday, the 
twenty-eighth day of September, in the year of our Lord one 
thousand eight hundred and seventy, make official announcement 
of the said apportionment, under the great seal of the State; and 
one hundred copies thereof, duly certified, shall be forthwith trans- 
mitted by the Secretary of State to each county clerk for distri- 
bution. ; 

Section 14. The districts shall be regularly numbered, by the 
Secretary of State, commencing with Alexander County as Number 
One, and proceeding then northwardly through the State, and 
terminating with the county of Cook; but no county shall be num- 
bered as more than one district, except the county of Cook, which 
shall constitute three districts, each embracing the territory con- 
tained in the now existing representative districts of said county. 
And on the Tuesday after the first Monday in November, in the 
year of our Lord one thousand eight hundred and seventy, the 
members of the first House of Representatives under this Constitu- 
tion shall be elected according to the apportionment fixed and 
announced as aforesaid, and shall hold their offices for two years, 
and until their successors shall be elected and qualified. 

Section 15. The Senate, at its first session under this Consti- 


CONSTITUTION OF THE STATE OF ILLINOIS 173 


tution, shall consist of fifty members, to be chosen as follows: At 
the General Election held on the first Tuesday after the first Mon- 
day of November, in the year of our Lord one thousand eight 
hundred and seventy, two Senators shall be elected in districts 
where the term of Senators expire on the first Monday of January, 
in the year of our Lord one thousand eight hundred and seventy- 
one, or where there shall be a vacancy,.and in the remaining dis- 
tricts one Senator shall be elected. Senators so elected shall hold 
their office two years. 

Szorton 16. The General Assembly, at its first session held 
after the adoption of this Constitution, shall proceed to apportion 
the State for members of the Senate and House of Representatives, 
in accordance with the provisions of the article on the Legislative 
Department. 

Section 17. When this constitution shall be ratified by the 
people, the Governor shall forthwith, after having ascertained the 
fact, issue writs of election to the sheriffs of the several counties 
of this State, or in case of vacancies, to the coroners, for the elec- 
tion of all the officers, the time of whose election is fixed by this 
constitution or schedule, and it shall be the duty of said sheriffs or 
coroners to give such notice of the time and place of said election 
as is now prescribed by law. 

Section 18. All laws of the State of Illinois, and all official 
writings, and the Executive, Legislative and Judicial proceedings, 
shall be conducted, preserved and published in no other than the 
English language. 

City of Chicago et al. v. McCoy, 136 Ill., 344; Stein et al. v. 
Meyers, 258 J1l., 199; Loehde v. Glos, 265 I7l., 401; People ex rel. v. 
Day, 277 Ill, 543. 

Section 19. The General Assembly shall pass all laws neces- 
sary to carry into effect the provisions of this Constitution. 

Srorion 20. The circuit clerks of the different counties having 
a population over sixty thousand, shall continue to be Recorders 
(ex officio)’ for their respective counties, under this constitution, 
until the expiration of their respective terms. 

Section 21. The judges of all courts of record in Cook county 
shall, in lieu of any salary provided for in this Constitution, re- 


‘ 


oe 
“ F 
ie 


174 ILLINOIS HISTORICAL COLLECTIONS 


ceive the compensation now provided by law until the adjournment 


of the first session of the General Assembly after the adoption of — 


this Constitution. 

People ex rel. v. Auditor of Public Accounts, 64 Ii1., $2. 
- SECTION 22. The present judge of the circuit court of Cook 
county shall continue to hold the circuit court of Lake eae until 
otherwise provided by law. 

SECTION 23. When this constitution shall be adopted, said take 
effect as the supreme law of the State of Illinois, the two-mill tax 
provided to be annually assessed and collected <ipaa each dollar’s 
worth of taxable property, in addition to all other taxes, as set 
forth in article fifteen of the now existing constitution, shall cease 
to be assessed after the year of our Lord one thousand eight hun- 
dred and seventy. 


Section 24. Nothing contained in this Constitution shall be ~ 


so construed as to deprive the General Assembly of power to au- 
thorize the city of Quincy to create any indebtedness for railroad 


or municipal purposes for which the people of said city shall have — 


voted and to which they shall have given, by such vote, their 
assent, prior to the thirteenth day of December, in the year of our 
Lord one thousand and eight hundred and sixty-nine: Provided, 


that no such indebtedness, so created, shall, in any part thereof be — 


paid by the State, or from any State revenue tax or fund, but the 
same shall be paid, if at all, by the said city of Quincy alone, and 
by taxes to be levied upon the taxable property thereof; and pro- 
vided, further, that the General Assembly shall have no power in 
the premises, that it could not exercise under the present consti- 
tution of this State. 


See separate section relating to municipal subscriptions to rail- 
roads or private corporations. 


Section 25. In case this Constitution, and the articles and 
sections submitted separately, be adopted, the existing Constitution 
shall cease in all its provisions, and in case this Constitution be 
adopted, and any one or more of the articles or sections submitted 
separately be defeated, the provisions of the existing constitution, 
if any, on the same subject shall remain in force.** 


*% Tn the original manuscript the word “force” appears “forced.” 


CONSTITUTION OF THE STATE OF ILLINOIS 1% 


Srcrion 26. The provisions of this constitution required to be 
executed prior to the adoption or rejection thereof shall take effect 
and be in force immediately.** 

Done in convention at the capitol, in the City of Springfield, on 
the thirteenth day of May, in the year of our Lord one thousand 
eight hundred and seventy, and of the Independence of the United 
States of America the ninety-fourth. 

IN WITNESS WHEREOF, We have hereunto subscribed our 
names: 

CHARLES HITCHCOCK, 


President 
William J. Allen Hiram H. Cody 
John Abbott W. F. Coolbaugh 
James C. Allen Alfred M. Craig 
Elliott Anthony Robert J. Cross 
Wm. R. Archer Samuel P. Cummings 
Henry I. Atkins G. 8. Eldridge 
James P. Bayne James W. English 
R. M. Benjamin John Dement 
H. P. H. Bromwell David Ellis 
0. H. Browning Ferris Forman 
William G. Bowman Jesse C. Fox 
Silas L. Bryan. Miles A. Fuller 
H. P. Buxton John P. Gamble 
Daniel Cameron Addison Goodell 
William Carey John C. Haines 
Lawrence S. Church Elijah M. Haines 


Tn the original manuscript immediately after section 26 the follow- 
ing appears: 

“Note.—The following named interlineations were made before the 
signing: 

In section 9, bill of rights, fourth line, the words ‘or district;’ 

In section 10, executive article, second line, the word ‘all;’ 

In section 4, judicial article, first line, the words ‘continued to;’ 

In section 11, same article, eighth line, the words ‘times and;’ 

In section 11, revenue article, second line, the word ‘corporation;’ 

In section 7, county article, first line, the word ‘county;’ 

In section 8, article on corporations, fourth line, the word ‘their;’ 

In section 20, schedule, second line, the words ‘to be recorders.’ ” 


176 ILLINOIS HISTORICAL COLLECTIONS 


John W. Hankins 
R. P. Hanna 
Joseph Hart 
Abel Harwood 
Milton Hay ~ 
Samuel Snowden Hayes 
Jesse S. Hildrup 
Robert A. King 
Ja. McCoy 
Charles E. McDowell 
William C. Goodhue 
Joseph Medill 
Clifton H. Moore 
Jonathan Merriam 
Joseph Parker 
Samuel C. Parks 
Peleg S. Perley 
J. S. Poage 
Edward Y. Rice 
James P. Robinson 
Lewis W. Ross 
William P. Peirce 
N. J. Pillsbury 
Attest: 


Jno. Scholfield 
James M. Sharp 
Henry Sherell 

Wm. H. Snyder 

O. C. Skinner 
Westel W. Sedgwick 
Charles F. Springer 
John L. Tincher 

C. Truesdale 
Henry Tubbs 
Thomas J. Turner 
Wm. H. Underwood 
Wm. L. Vandeventer 
Henry W. Wells 
George E. Wait 
George W. Wall 

R. B. Sutherland 

D. C. Wayner 
George R. Wendling 
Chas. Wheaton 

L. D. Whiting 

John H. Wilson 
Orlando H. Wright | 


JOHN Q. HARMON, Secretary 
DANIEL SHEPHERD, First Assistant Secretary 
A. H. SWAIN, Second Assistant Secretary 


oe, Oe Oe i ee ee ee, 


TABLE OF CASES _ 


TABLE OF CASES 


Abbott, People ez rel. v., 274 Iil., 380, 117. 


Abington, Town of, v. Cabeen, 106 Iil., 200, 57. 

Adams County, Board of Supervisors of, People ex rel. v., 185 
Til., 288, 119. 

Adams, County of, Jimison v., 130 Iil., 558, 145. 

Adams State Bank, People v., 272 Iil., 277, 157. 


Alberts et al. v. Town of Danforth et al., 281 Iil., 521, 148. 


Aldrich, Wulff v., 124 Til., 591, 155. 

Alexander et al., Yeazel v., 58 Ill., 254, 52. 

Alton and Southern Railroad v. Vandalia Railroad Company, 268 
Til., 68, 160. 

Alton, City of, Sawyer v., 3 Scammon (4 IIl.), 127, 27, 48. 

Alton, Mayor and Common Council of, People ez rel. v., 193 LIil., 
309, 144. 

Alton, Mayor and Common Council of, People ez rel. v., 233 Ill., 
542, 105. 


Ammons, Hone v., 14 JIil., 29, 38, 86. 


Arenz v. Weir, 89 Til., 25, 84. 

Auditor of Public Accounts, Chicago Life Insurance Company 
v., 101 Iil., 82, 119. 

Auditor of Public Accounts, People ez rel. v., 64 Ill., 82, 174. 

Auditor of State, Marine Bank of Chicago v., 14 JIl., 185, 99. 

Auditor, People ex rel. v., 12 Iil., 307, 99. 


_ Auditor, People ez rel. v., 30 Iil., 434, 99. 


Aurora, City of, v. Schoeberlein, 230 IIl., 496, 108. 
Aurora, Common Council of the City of, et al., People ex rel. v., 
84 Til., 157, 168. 


Bangs, People v., 24 I IL., 184, 73. 
Bank of the Republic v. County of Hamilton, 27 J7l., 53, 157. 


Banta v. City of Chicago, 172 Iil., 204, 146. 


179 


180 ILLINOIS HISTORICAL COLLECTIONS 


Baptist Theological Union, City of Chicago v., 115 Jll., 245, 82. 

Barclay v. Barclay, 184 Iil., 375, 107. 

Barger, People ex rel. v., 62 Ill., 452, 82. 

Bartelsman, Gonzalia et al. v., 143 Ill., 634, 147. 

Bazzette, City of Carrollton v., 159 I1l., 284, 146. 

Beaird, Rankin v., Breese (1 Ill.), 163, 41. 

Beaubien e¢ al. v. Hamilton, 3 Scammon (4 IIl.), 218, 36. 

Beaubien v. Brinckerhoff, 2 Scammon (8 Jil.), 270, 35. 

Beesman v. City of Peoria, 16 J1l., 484, 52. 

Behrensmeyer, Kreitz v., 149 Iil., 496, 156. 

Belleville and Illinoistown Railroad Company v. Gregory, 15 Iil., 
20, 57. 

Belleville, City of, e¢ al., Primm et al. v., 59 Ill., 142, 82, 84. 

Belleville City Railway Company, St. Louis, Alton, and Terre 
Haute Railroad Company v., 158 Jil., 390, 156. 

Berkowitz v. Lester et al., 121 Iil., 99, 136, 141. 

Bessette v. People, 193 Iil., 334, 118. 

Beveridge, People ex rel. v., 38 Iil., 307, 56, 57, 59. 

Big Muddy-Carterville Mining Company, Cook v., 249 IIl., 41, 122. 

Birch, ex parte, 3 Gilman (8 IIl.), 184, 32. 

Bishop of Chicago, Catholic, e¢ al., Reichwald v., 258 Ill., 44, 104, 
145. 

Bissell, People ex rel. v., 19 Iil., 229, 52. 

Blake et al. v. Peckham, 64 I7l., 362, 168. 

Blanchard, Wood v., 19 Jil., 38, 52, 91. 

Block e¢ al., People et al. v., 276 Ill., 286, 148, 149. 

Block et al. v, City of Chicago, 239 Iil., 251, 118. 

Bloomington, City of, v. Perdue, 99 Iil., 329, 150. 

Bloomington, City of, v. Pollock, 141 Jil., 346, 167. 

Board of Administration v. Miles, 278 Jil., 174, 104. 

Board of Education et al., People ex rel. v., 234 Ill., 422, 144. 

Board of Education, People ex rel. Ring v., 245 Ill., 334, 104. 

Board of Education, People ex rel. v., 245 Ill., 334, 1485. 

Board of Education, Powell et al. v., 97 Ill., 375, 144. 

Board of Education v. Haworth, 274 JIl., 538, 115, 146, 147. 

Board of Review of De Kalb County, First Congregational Church 
of De Kalb v., 254 IIl., 220, 146. 


TABLE OF CASES 181 


Board of School Inspectors of the City of Peoria v. People, 20 Iil., 
525, 75. 
Board of Supervisors et al. v. Davis et al., 63 IIl., 405, 78. 
Board of Supervisors of Bureau County v. Chicago, Burlington, 
and Quincy Railroad Company, 44 Iil., 229, 72, 81, 83. 
Board of Supervisors of Iroquois County et al. v. Keady, 34 IIil., 
293, 57. 

Board of Supervisors of Jefferson County v. Jones et al., 63 IIl., 
531, 155. 

Board of Supervisors of Livingston County v. Weider, 64 Iil., 427, 
84. 

Board of Trade of the City of Chicago et al. v. Cowen et al., 252 
Til., 554, 116, 131, 163. 

Boehm v. Heriz et al., 182 Iil., 154, 117. 

Bollam, People ex rel. v., 182 Iil., 528, 139. 

Boneau, Erlinger v., 51 Iil., 94, 52. 

Bonney v. King e¢ al., 201 Jil., 47, 108. 

Boon v. Juliet, 1 Scammon (2 IIil.), 258, 39. 

Boone v. People, 148 Ill., 440, 106. 

Booth v. Opel, 244 I7l., 317, 118, 148, 150. 

Borders, Sarah v., 4 Scammon (5 Iil.), 341, 39. 

Bowen, Rowe v., 28 Iil., 116, 72. 

Bowers v. Green, 1 Scammon (2 IIl.), 41, 36. 

Bowman, People ez rel. v., 247 Iil., 276, 114, 120. 

Braceyille Coal Company v. People, 147 IIl., 66, 156. 

_ Bradley et al., People v., 39 Jil., 130, 81. 

Bradley v. Lightcap, 201 Jil., 511, 107. 

Bradley v. People, 4 Wallace (71 U. S8.), 459, 81. 

Brady et al., State Board of Agriculture v., 266 IIl., 592, 132. 

Brady, Fergus v., 277 IIl., 272, 117. 

Brady, People ez rel. v., 273 Ill., 178, 157. 

Brady, People ex rel. v., 262 Iil., 578, 114, 115. 

Bratsch v. People, 195 Jil., 165, 141. 

Brinckerhoff, Beaubien v., 2 Scammon (8 IIl.), 270, 35. 

Brissenden v. County of Clay, 161 Iil., 216, 155. 

Broadwell, Strode v., 36 Ill., 419, 89. 

Brooks et al. v. Hatch et al., 261 Ill., 179, 115. 


en 
aa 
oe 
3 


182 ILLINOIS HISTORICAL COLLECTIONS = 


Brown, People v., 11 Zil., 479, 80. 


Browne, Phillips v., 270 Iil., 450, 115. 
Bruce v. Schuyler et al., 4 Gilman (9 Iil.), 221, 26, 35, 41, 42, 43. 
Bruen et al., Graves v., 11 Ill., 431, 48. 

Bruffett et al. v. Great Western Railroad Company of 1859, 25 Til., 
353, 52, 89. 

Brundage v. Knox e¢ al., 279 Iil., 450, 121. 

Bryan, Smith v., 34 Ill., 364, 85, 157. 

Buckrice v. People, 110 Til., 29, 106. 

Bullock v. Geomble, 45 Jil., 218, 87. 

Bunn et al. v. People ex rel., 45 Iil., 39%, 69, 75, 127, 132. 

Burdock, Richter v., 57 Jll., 410, 114. 

Bureau, Board of Supervisors of the County of, v. Chicago, Bur- 
lington, and Quincy Railroad Company, 44 Ill., 229, 72, 81, 
83. 

Burgess, Commissioners of Highways of the Town of, v. Hohmeyer, 
279 Iil., 66, 107. ; 

Burke v. Snively et al., 208 Iil., 328, 167. 

Burns v. Henderson, 20 IIl., 264, 73. 

Burritt v. Commissioners of State Contracts, 120 Iil., 322, 114, 116. 

Butler Street Foundry and Iron Company, People ea rel. v., 201 
Iil., 236, 107. 

Butts, Harding v., 18 Iil., 502, 87. 

Butzow v. Kern et al., 264 Ill., 498, 155. : 

Byers, People ex rel. v., 271 Iil., 600, 148. : 

Byrne v. Chicago General Railway es et al., 169 Ill., 75, 157- 


- Cabeen, Town of Abington v., 106 IIl., 200, 57. 


Cadiz, Board of Supervisors of Iroquois County et al. v., 34 T., 
293, 57... 

Caldwell et al. v. Comantenoneee of Highways, 249 Mm, 366, 107. : 

Campbell, People ex rel. v., 3 Gilman (8 IIl.), 466, 29. 

Campbell v. Campbell, 22 Iil., 664, 72. 

Canby v. Hartzell, 167 I7l., 628, 133. : 

Carlock, People ex rel v., 198 Iil., 150, 111. 

Carpenter v. Jennings et al., 77 Iil., 250, 107. 

Carpenter v. People, 3 Gilman (8 Ill.), 147, 41. 


TABLE OF CASES — 183 


Carrollton, City of, v. Bazzette, 159 Til., 284, 146. 

Casey et al. v. People ex rel., 132 IIl., 546, 165. 

Catholic Bishop of Chicago et al., Reichwald v., 258 Ill., 44, 104, 
145. 


Cawley ez al. v. People, 95 Ill., 249, 110. 


Central Military Tract Railroad Company v. Rockafellow, 17 Iil., 
541, 87. : 

Cervenka e# al., Golden et al. v., 278 Iil., 409, 158. 

Cessna, Massie v., 239 Jil., 352, 104, 118. 

Chambers v. People ex rel., 113 Iil., 509, 147. 

Chase, People ex rel. v., 165 IIl., 527, 182. 

Chetlain, People ez rel. v., 219 Ill., 248, 155, 156. 

Chicago and Alton Railroad Company et al., People ew rei. v., 253 
Til., 191, 150. 

Chicago and Alton Railroad Company, Townsend v., 91 IIl., 545, 
88. 

Chicago and Alton Railroad Company v. People ez rel., 67 Jil., 11, 
107, 160. 

Chicago and Alton Railroad Company v. Suffern et al., 129 Iil., 
274, 162. 
Chicago and Milwaukee Electric Railroad Company v. Chicago and 
Northwestern Railway Company et al., 211 Il., 352, 159. 
Chicago and Northwestern Railway Company ez al., Chicago and 
Milwaukee Electric Railroad Company v., 211 Jil., 352, 159. 

Chicago and Southern Traction Company v. Illinois Central Rail- 
road Company, 246 Jil., 146, 157. 

Chicago, Board of Election Commissioners of the City of, People 
ex rel. v., 221 Iil., 9, 108, 110, 118. 

Chicago, Board of Trade of the City of, et al. v. Cowen et al., 252 
Iil., 554, 116, 131, 163. 

Chicago, Board of Trustees of the Sanitary District of, et al., Wil- 
son v., 183 Ill., 448, 122, 149, 150. 

Chicago, Burlington, and Quincy Railroad Company, Board of 
Supervisors of Bureau County v., 44 IIl., 229, 72, 81, 88. 
Chicago, Burlington, and Quincy Railroad Company, Hoyt et al. 
v., 98 Iil., 601, 162. 

—15HC 


184 ILLINOIS HISTORICAL COLLECTIONS — 


Chicago, Burlington, and Quincy Railroad Company v. Jones, 149 
Iil., 361, 159. 

Chicago, City of, and Schlesinger and Mayer, People ex rel. v., 
193 Iil., 507, 133. 

Chicago, City of, Banta v., 172 Iil., 204, 146. 

Chicago, City of, Block e¢ al. v., 239 Ill., 251, 118. 

Chicago, City of, Chicago General Railway Company v., 176 Til., 
253, 157. 

Chicago, City of, Dawson Soap Company v., 234 Jil., 314, 118. 

Chicago, City of, et al., Lobdell et al. v., 227 Ill., 218, 150. 

Chicago, City of, et al., Loeffler v., 246 Iil., 48, 148. 

Chicago, City of, et al., McVeagh v., 49 Iil., 318, 52. 

Chicago, City of, et al. v. Fishburn, 189 IIl., 367, 150. 

Chicago, City of, et al. v. McCoy, 136 IIl., 344, 173. 

Chicago, City of, et al. v. O’Connell et al., 278 IIl., 591, 157. 

Chicago, City of, et al. v. Tribune Company, 248 IIl., 242, 145. 

Chicago, City of, Harder’s Fire Proof Storage and Van Company 
v., 235 IIl., 58, 146. 

Chicago, City of, Prescott v., 60 Iil., 121, 57. 

Chicago, City of, Rigney v., 102 Iil., 64, 107. 

Chicago, City of, Roby v., 64 IIl., 447, 107. 

Chicago, City of, Scammon et al. v., 44 IIl., 269, 82, 83. 

Chicago, City of, Stone v., 207 Iil., 492, 150. 

Chicago, City of, v. Baptist Theological Union, 115 Iil., 245, 82. 

Chicago, City of, v. Gage et al., 268 IIl., 232, 104. 

Chicago, City of, v. Knobel, 232 Jil., 112, 106. 

Chicago, City of, v. Larned e¢ al., 34 Ill., 203, 81, 83. 

Chicago, City of, v. Manhattan Cement Company, 178 Iil., 372, 
149, 150. 


Chicago, City of, v. Pittsburg, Cincinnati, Chicago, and St. Louis — 


Railway Company, 244 IIl., 220, 120, 165. 
Chicago, City of, v. Reeves, 220 Ill., 274, 115, 164. 
Chicago, City of, v. Wells, 236 Jll., 129, 104. 
Chicago, City of, v. Williams, 254 Ill., 360, 124, 142. 
Chicago, City of, v. Wolf et al., 221 Iil., 130, 117, 181, 149. 
Chicago, City of, Washingtonian Home of Chicago v., 157 IJIl., 
414, 165. 


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TABLE OF CASES 185 


Chicago City Railway Company, Venner v., 258 IIl., 523, 159. 

Chicago Gas Trust Company, People ex rel. v., 130 IIl., 268, 156. 

Chicago General Railway Company ¢ al., Byrne v., 169 IIil., 75, 
157. 

Chicago General Railway Company v. City of Chicago, 176 IIl., 
253, 157. 

Chicago Industrial School for Girls, Cook County v., 125 IIl., 540, 
145. 

Chicago Industrial School for Girls e¢ al., Dunn v., 280 Iil., 613, 
145. 

Chicago Life Insurance Company v. Auditor of Public Accounts, 
101 Iil., 82, 119. 

Chicago, Madison, and Northern Railroad Company et al. v. 
National Elevator and Dock Company et al., 153 IIl., 70, 162. 

Chicago Milk Shippers’ Association, Ford et al. v., 155 IIl., 166, 
107. 

Chicago Railways Company, Standidge v., 254 JIl., 524, 105. 

Chicago, Rock Island, and Pacific Railway Company, Jones v., 
231 Iil., 302, 120. 

Chicago, Rock Island, and Pacific Railway Company v. People, 
217 Iil., 164, 107. 

Chicago Union Traction Company, Raymond v., 207 U. S., 20, 146. 

Choisser v. Hargrave, 1 Scammon (2 IIl.), 317, 39. 

Christian, County of, v. Merrigan, 191 IIl., 484, 108. 

Christie v. People, 206 Til., 337, 58, 144. 

Chubbuck, Wheeler v., 16 Jil., 361, 57. 

City, see under name of city. 

Clark, People v., 280 Jil., 160, 105. 

Clay, County of, Brissenden v., 161 Iil., 216, 155. 

Clean Street Company, People ez rel. v., 225 Ill., 470, 120. 

Cleveland, Cincinnati, Chicago, and St. Louis Railway Company v. 
Randle, 183 Til., 364, 119. 

Cobe v. Guyer et al., 237 Iil., 516, 140. 

Cochran v. People, 175 Iil., 28, 106. 

Coles, County of, v. Goehring, 209 Iil., 142, 148. 

Coles County v. Messer, 195 Iil., 540, 155. 

Coles v. County of Madison, Breese (1 IIl.), 154, 42. 


186 ILLINOIS HISTORICAL COLLECTIONS 


Collins v. Metropolitan Life Insurance Company, 232 Iu, 37, 107. 


Commercial Insurance Company v. Scammon, 123 Iil., 601, 105. 


Commercial Life Insurance Company, People v., 247 Iil., 92, 120. 

Commercial Mutual Accident Company, David v., 243 IIl., 43, 142. 

Commissioners of Highways, Caldwell et al. v., 249 Ill., 366, 107. 

Commissioners of Highways of the Town of Burgess v. abe, 
279 Ill., 66, 107. , 

Commissioners of Highways of the Town of Goshen v. Ji saints 
165 Ill., 1%, 189. 

Commissioners of Lincoln Park v. Fahrney, 250 Jil., 256, 120. 


Commissioners of State Contracts, Burritt v., 120 Ill., 322, 114, 


116. 

Concord, Town of, v. Portsmouth Savings Bank, 92 U. S., 625, 
165. 

Consolidated Coal Company v. Miller e al., 236 Ill., 149, 146. 

Cook County, Board of Commissioners of, et al., People ex rel. v., 
176 Iil., 576, 152, 153. 

Cook County, County Commissioners of, et al., Witter v., 256 m, 
616, 108, 132. 

Cook, County of, O’Leary v., 28 Iil., 534, 57. 

Cook, County of, v. Chicago Industrial School for Girls, 125 Iil., 
540, 145. 

Cook, County of, v. Fairbank e¢ al., 222 Iil., 578, 156. 

Cook, County of, v. Hartney, 169 Jil., 566, 154, 155. 

Cook, County of, v. Healy, 222 Ill., 310, 140. 

Cook, County of, v. Sennott, 136 Iil., 314, 149, 154. 

Cook, Kinney v., 3 Scammon (4 IIll.), 231, 40. 

Cook v. Big Muddy-Carterville Mining Company, 249 IIl., 41, 122. 


_ Coon Run Drainage and Levee District, Wabash Railroad Canes 


v., 194 Iil., 310, 107. 
Cornell v. Penpic ex rel., 107 Ill., 372, 148. 


Correspondence between Governor and Judges of the Supreme 


Court, 243 Iil., 9, 108, 142. : 
Cosmopolitan Fire Insurance Company, People v., 246 Ill, 442, 
142. 
Couchman et al., People v., 15 Jll., 142, 80. 
County, see under name of county. 


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TABLE OF CASES 187 


County Court of Madison County v. People ex rel., 58 Ill., 456, 84. 

Courter v. Simpson Construction Company, 264 Iil., 488,133. 

Cowen et al., Board of Trade of the City of Chicago et al. v., 252 
Til., 554, 116, 131, 163. 

Crane et al. v. West Chicago Park Commissioners, 153 IIl., 348, 
148, 

Craw et al. v. Village of Tolono et al., 96 Iil., 255, 148. 

Critzer et al., Gesford v., 2 Gilman (7 IIl.), 698, 42. 

Crook v. People ex rel., 106 Ill., 237, 121. 


-Crossley et al., People ex rel. v., 261 Ill., 78, 115. 


Crow, Ferris v., 5 Gilman (10 Iil.), 96, 37. 
Crowley, Hodges e¢ al. v., 186 Iil., 305, 148, 150. 
Crull v. Keener, 17 Iil., 246, 72. 


Curry v. Hinman, 11 Iil., 420, 37. 
_ Czarnecki et al., Scown v., 264 Iil., 305, 148. 


Czarnecki, People ez rel. v., 266 Iil., 372, 144. 


-Dahnke v. People, 168 Jii., 102, 153. 
_ Danforth e¢ al., Town of, Alberts et al. v., 281 IIl., 521, 148. 


Darst et al. v. People, 51 IIl., 286, 87. 

David v. Commercial Mutual Accident Company, 243 Iil., 43, 142. 

Davis e¢ al., Board of Supervisors e al. v., 63 Iil., 405, 78. 

Dawson Soap Company v. City of Chicago, 234 Jil., 314, 118. 

Day, in re, 181 IIl., 73, 108, 132. 

Day, People ex rel. v., 277 Ill., 543 (556, 557), 115, 173. 

De Kalb County Board of Review, First Congregational Church of 
De Kalb v., 254 Til., 220, 146. 

Dement et al. v. Rokker et al., 126 Ill., 174, 117, 121. 


- Deneen e al., People ex rel. v., 247 Iil., 289, 112. 


Deneen, People v., 247 Iil., 289, 143. 

Dennis, Shaw v., 5 Gilman (10 Iil.), 405, 83. 

Dental Examiners, State Board of, People v., 278 Jil., 144, 114. 
Deutsche Gemeinde, People ex rel. v., 249 Iil., 182, 146. 

Devine, Wetherell v., 116 Jil., 631, 148. 

Dickson v. People, 17 Jil., 191, 58. 

Digman, Strong v., 207 Iil., 385, 119. 

Diversey v. Smith, 103 Til., 378, 84. 


188 ILLINOIS HISTORICAL COLLECTIONS 


Dodge, Klokke v., 103 Iil., 125, 188, 139. 

Donahue v. County of Will e¢ al., 100 Iil., 94, 128. 

Donnelly v. People ex rel., 11 Iil., 552, 76. 

Dorman, Lane et al. v., 3 Scammon (4 IIl.), 237, 26, 41. 

Douglas et al. v. People ex rel., 225 Iil., 536, 118. 

Douglas v. Hutchinson e¢ al., 183 Iil., 323, 108. 

Dragovich v. Iroquois Iron Company, 269 Jll., 478, 114, 115. 

Drainage Commissioners of the Town of Niles v. Harms, a Tit., 
414, 133, 136. 

Drainage Commissioners, People ex rel. v., 143 Ill., 417, 122. 

Drake e¢ al., Kochersperger v., 167 Ill., 122, 146. 

Dreyer v. People, 188 Ill., 40, 106. 

Dubois, People v., 19 Iil., 223, 99. 

Dubois, People v., 23 Iil., 547, 78. 

Dunleith, City of, v. eyaolds, Saulpaugh and Co 58 Til., 
45, 82. 

Dunn v. Chicago Industrial School for Girls et al., 280 Ill., 618, 
145. 

Dunne e al., Hubbard v., 276 Iil., 598, 167. 

Dunne ¢ al., People ex rel. v., 258 Ill., 441, 109. 

Dunne v. People, 94 Zill., 120, 161. 

Dupee et al. v. Swigert, 127 Iil., 494, 157, 158. 

Durfee, Union Central Life Insurance Company v., 164 II/l., 186, 
146. 

Durkee v. People ex rel., 155 IIl., 354, 157. 


East St. Louis, City of, v. St. John, 47 Jil., 463, 88. 

Kast St. Louis, City of, v. Wehrung, 46 I1I., 392, 82, 83. 

East St. Louis et al., City of, Wider e¢ al. v., 55 Iil., 183, 83. 

Edmands, People v., 252 Ill., 108, 114. 

Edwards v. Pope et al., 3 Scammon (4 Iil.), 464, 26, 41. 

Effingham County, Board of Review of, Supreme Lodge v., 223 
Til., 54, 146. 

Election Commissioners, People v., 221 Ill., 9, 148. 

Elerding, People v., 254 Iil., 579, 104. 

English e¢ al., People ex rel. v., 139 Ill., 622, 144, 145. 

Erlinger v. Boneau, 51 Iil., 94, 52. 


TABLE OF CASES 189 


Evans, People v., 247 Ill., 547, 127. 

Evens and Howard Fire Brick Company, City of Mt. Vernon v., 
204 Ill., 32, 120. 

Ex parte Birch, 3 Gilman (8 Iil.), 134, 82. 


_ Fagan et al., Rozier v., 46 Ill., 404, 52. 


Fahrney, Commissioners of Lincoln Park v., 250 Ill., 256, 120. 

Fairbank et al., Cook County v., 222 Ill., 578, 156. 

Farriss et al., Merritt et al. v., 22 Ill., 303, 838. 

Farwell e¢ al., Ward v., 97 IIl., 593, 105. 

Fayette, County of, Jennings v., 97 Jil., 419, 155. 

Fergus et al. v. Russel e¢ al., 270 Ill., 304 (318), 116, 117, 118, 
125, 129, 132. 

Fergus v. Brady, 277 Il., 2%2, 117. 

Fergus v. Russel, 277 Iil., 20, 116. 

Ferris v. Crow, 5 Gilman (10 Iil.), 96, 37. 


Field v. People ex rel., 2 Scammon (3 IIl.), 79, 26, 31, 32, 35, 


109, 126. 

Fihlenburg, Holmes v., 54 Iil., 203, 72. 

First Congregational Church of De Kalb v. Board of Review of De 
Kalb County, 254 Iil., 220, 146. 

First National Bank of Urbana v. Holmes et al., 246 Ill., 362, 146. 

Fishburn, City of Chicago v., 189 Iil., 367, 150. 

Fitzsimmons, City of Paxton v., 253 Ill., 355, 146. 

Follensbee, Parker v., 45 Ill., 473, 89. 

Forbes e¢ al., Palmer v., 23 Ill., 301, 159. 

Ford et al. v. Chicago Milk Shippers’ Association, 155 I1l., 166, 
107. 

Foreman et al. v. People ex rel., 209 Iil., 567, 181, 135, 137, 140. 

Forquer, People v., Breese (1 IIl.), 104, 32, 127. 

Fortier, McFadden v., 20 Iil., 509, 76. 

Fox v. City of Rockford, 38 Zil., 451, 81. 

Frackelton v. Masters et al., 249 Iil., 30, 136, 138, 139. 

Franklin v. Westfall, 273 Ill., 402, 143. 

Freeport, City of, Kuehner e¢ al. v., 143 Ill., 92, 148. 

Freitag v. Union Stock Yard and Transit Company, 262 Ii/l., 551, 
136. 


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Frew v. Taylor, 106 Iil., 159, 147. . ert oa 
Frick, President and Trustees of the Town of ogee ; 8h 
Il, 405, 83. oe 
Frorer et al. v. People, 141 Iil., 171, 104. ; ae = ‘a 
Fuller, People v., 238 Ill., 116, 105, 155. 23 “a 
Funk, Vance et al. v., 2 Scammon (8 Ill.), 268, 35. . se 
Gage et al., City of Chicago v., 268 Iil., 232, 104. 2 
Gage et al. v. Graham et al., 57 Ill., 144, 88. a 
Galesburg, City of, v. Hawkinson et al., 75 Ill., 152, 108. ons 
Gallatin, County of, et al., Village of Ridgway v., 181 Ill., 521,162. 
Garner et al., People ew rel. v., 47 Ill., 246,79. oe 
Garrett v. Stevenson ef al., 3 Gilman (8 Ill.), 261,85. = 8  - 
Gartenstein, People v., 248 Iil., 546, 141, 148. ae 
Gaylord, President and eneead of Lockport v., 61 Iil., 216, 62:32 ea 
Gaylord v. Sanitary District of Chicago, 204 Ill., 576, met saa 1 
Geomble, Bullock v., 45 Iil., 218, 87. ea 
George et al. v. George et al., 250 Jil., 251, 133. ; aa 
George v. People, 167 Ill., 447, 105, 108. ‘Sa 
Germain, Messinger v., 1 Gilman (6 IIl.), 632, 26. : a 
German Alliance Insurance Company et al. v. Van Cleave et al., é 2 
191 Ill., 410, 121 ee a 
Gesford v. Critzer et al., 2 Gilman (7 IIl.), 698, 42. ve 
Gillespie et al. v. People, 176 IIl., 238, 106. es 
Gillespie v. People, 188 Iil., 176, 120. aq 
Glos et al., Waugh v., 246 Ill., 604, 142. 3 . E. 
Glos, Loehde v., 265 IU., 401, 173. , “I 
Glowacki, People v., 236 Jil., 612, 106. : fi z 
Goedde et al., Van Nada et al. v., 263 Iil., 105, 148. oe 
Goehring, County of Coles v., 209 Iil., 142, 148. a 
Golden et al. v. Cervenka et al., 278 Ill., 409, 158. : < 
 Gonzalia et al. v. Bartelsman, 143 IIl., 634, 147. a 


Goshen, Commissioners of Highways of the Town of ». ee = 
165 Iil., 17%, 139. x) 

Governor, Correspondence between Judges of the Supreme Court 
and, 243 Ill., 9, 108, 142. 

Graham e¢ al., Gage et al. v., 57 Ill., 144, 88. 


TABLE OF CASES 191-. 


Graves v. Bruen e al., 11 Iil., 431, 43. 

Great Western Railroad Company of 1859, Bruffett et al. v., 25 IIl., 
353, 52, 89. 

Greeley e¢ al. v. People, 60 Til., 19, 80. 

Green, Bowers v., 1 Scammon (2 Iil.), 41, 36. 

Greene v. People, 182 Iil., 278, 141. 

Gregory, Belleville and Illinoistown Railroad Company v., 15 Iil., 

« 20, 57. 

Grosse v. People ex rel., 218 Ill., 342, 145. 

Guedel v. People, 43 Iil., 226, 88. 

Guthmann ¢¢ al., Hermanek v., 179 Ill., 563, 105. 

Guyer et al., Cobe v., 237 Iil., 516, 140. 


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____ Hahn, Weer v., 15 IIl., 298, 83. 

3 Hall, Leighton v., $1 Iil., 108, 76. 

2 Hall v, Hamilton, 74 Ill., 437, 187, 140. 

= Hall v. Marks, 34 Iil., 358, 52. 

_____Hamilton, Beaubien et al. v., 3 Scammon (4 IIl.), 218, 36. 

_ __ _Hamilton, County of, Bank of the Republic v., 21 Ill., 53, 157. 

____- Hamilton, Hall v., 74 Ill, 437, 187, 140. 

Hannah v. People ex rel., 198 Ill., 77, 161, 168. 

: Harder’s Fire Proof Storage and Van Company v. City of Chicago, 
4 235 IIll., 58, 146. 

_ __ Harding v. Butts, 18 I11., 502, 87. 

2 Hargrave, Choisser v., 1 Scammon (2 Iil.), 317, 39. 

a __-Harms, Drainage Commissioners of the Town of Niles v., 238 Iil., 
& 414, 133, 136. 

3 Harper et al., People v., 91 Jil., 357, 163. 

_ Harrier, Kellyville Coal Company v., 207 I7l., 624, 104. 

__- Harrison, Timm v., 109 IIl., 593, 115. 

3 Hart Brothers e¢ al. v. West Chicago Park Commissioners, 186 IIl., 


464, 138. 
Hartford Fire Insurance Company et al., Raymond et al. v., 196 
_Iil., 329, 146, 147. 
Hartney, County of Cook v., 169 Ill., 566, 154, 155. 
Hartzell, Canby v., 167 IIl., 628, 188. 


192 ILLINOIS HISTORICAL COLLECTIONS 


Harward et al. v. St. Clair and Monroe Levee and Drainage Com- 
pany et al., 51 Ill., 130, 83. 

Hatch e¢ al., Brooks et al. v., 261 Jll., 179, 115. 

Hatch, Hunter v., 45 IIl., 178, 52, 87. 

Hatch, People ez rel. v., 33 Ill., 9, 35, 55, 69, 70, 71, 113, 127, 129. 

Hawkinson et al., City of Galesburg v., 75 Iil., 152, 108. 

Haworth, Board of Education v., 274 Ill., 538, 115, 146, 147. 

Hazelwood, People ez rel. v., 116 Iil., 319, 118. 

Healy, County of Cook v., 222 Jil., 310, 140. 

Hebert e¢ al. v. Lavalle, 27 Ill., 448, 41. 

Helliwell et al. v. Sweitzer, 278 Jll., 248, 154. 

Henderson, Burns v., 20 Iil., 264, 73. 

Hermanek v. Guthmann et al., 179 Ill., 563, 105. 

Herschbach v. Kaskaskia Island Sanitary and Levee District, 265 
Iil., 388, 122, 148. 

Hertz et al., Boehm v., 182 Iil., 154, 117. 

High School Board of Education e¢ al., Russell v., 212 Ill., 327, 
150. 

Hill et al., Shaw et al. v., 67 Ill., 455, 168. 

Hinman, Curry v., 11 Iil., 420, 37. 

Hoag v. Switzer et al., 61 Ill., 294, 88. 

Hodges et al. v. Crowley, 186 Iil., 305, 148, 150. 

Hoffman et al., People ex rel. v., 116 Iil., 587, 108, 119, 182, 143. 

Hohmeyer, Commissioners of Highways of the Town of Burgess v., 
279 Ill., 66, 107. 

Holmes et al., First National Bank of Urbana v., 246 Iil., 362, 146. 

Holmes, Poppen v., 44 Iil., 360, 52, 72. 

Holmes v. Fihlenburg, 54 Ill., 203, 72. 

Holten et al., People v., 259 Iil., 219, 133. 

Honaker, People v., 281 Il., 295, 105. 

Hone v. Ammons, 14 Il., 29, 38, 86. 

Honeywell, People ea rel. v., 258 Ill., 319, 150. 

Hoover v. People ea rel., 171 IIl., 182, 148. 

Hope, Wolf v., 210 Iil., 50, 149. 

Hopkins v. Ladd, 35 Jil., 178, 87. 

Horwich et al. v. Walker-Gordon Laboratory Company, 205 IIl., 
497, 118. 


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TABLE OF CASES 193 


7 Houghton, Spragins v., 2 Scammon (8 IIl.), 377, 30. 


Howard, Nance v., Breese (1 Iil.), 242, 48. 

Hoyne, People ex rel. v., 262 Iil., 82, 186. 

Hoyt et al. v. Chicago, Burlington, and Quincy Railroad Company, 
93 Ili., 601, 162. 

Hubbard v. Dunne et al., 276 Iil., 598, 167. 

Hunter, Lansing v., 25 IIl., 247, 78. 

Hunter v. Hatch, 45 Jil., 178, 52, 87. 

Huntington v. Metzger, 158 Iil., 272, 107. 

Hutchinson et al., Douglas v., 183 Iil., 323, 108. 

Hutchinson e¢ al., Lynch v., 219 Jil., 193, 115. 

Hutchinson, People ex rel. v., 172 Ili., 486, 111. 


Illinois Central Railroad Company, Chicago and Southern Traction 
Company v., 246 Til., 146, 157. 


Ihnois Central Railroad Company, Neustadt and the City of La 


Salle v., 31 Ill., 484, 89. 
Illinois Central Railroad Company, Rodney v., 19 Jil., 42, 86, 89. 
Illinois Central Railroad Company, Shellabarger Elevator Com- 
pany v., 278 Iil., 333, 162, 163. 


 Iiinois Central Railroad Company, State of Illinois v., 246 TIl., 


188, 165. 

Illinois Central Railroad Company v. People, 143 IIl., 434, 114. 

Illinois Central Railroad Company v. Wren, 43 Iil., 77, 55. 

Illinois Life Insurance Company v. Prentiss, 277 JIl., 383, 105. 

Illinois Mutual Fire Insurance Company v. City of Peoria, 29 JIl., 
180, 52. 

Illinois National Guard e¢ al., Joos v., 257 IIl., 138, 121. 

Illinois, State of, State of Iowa v., 147 U. S., 1, 104. 

Indiana Millers’ Mutual Fire Insurance Company et al. v. People, 
170 Ill., 474, 136. 

Inglis, People ex rel. v., 161 Ill., 256, 126. 

In re Day, 181 Iil., 73, 108, 132. 

In re James Welsh, 17 Jil., 161, 76. 

Towa, State of, v. State of Illinois, 147 U. S., 1, 104. 

Troquois County, Board of Supervisors of, et al., v. Cadiz, 34 JIl., 
293, 57. 


194 ILLINOIS HISTORICAL COLLECTIONS 


Iroquois Iron. Company, Dragovich v., 269 IIl., 478, 114, 115. 
Irving, Ross v., 14 Ill., 171, 87. 


Jackson, Commissioners of Highways of the Town of Goshen »., 
165 Iil,, 17, 189. 

Jackson v. Kemble, 18 Jil., 580, 52. 

Jacksonville, City of, Kettering v., 50 Iil., 39, 52. 

Jacobson, People v., 247 Ill., 394, 136, 141. 

Jamesburg Drainage District, Juvinall et al. v., 204 Ill., 106, 107. 

Jarrot v. Jarrot, 2 Gilman (7 Iil.), 1, 38. 

Jay, Phoebe v., Breese (1 IIl.), 268, 39. 

Jefferson County, Board of Supervisors of, v. Jones et al., 68 IIl., 
531, 155. 

Jennings et al., Carpenter v., 77 Ill., 250, 107. 

- Jennings v. Fayette County, 97 Jil., 419, 155. 

Jimison v. Adams County, 130 IIil., 558, 145. 

Johnson et al., Kelly et al. v., 251 Iil., 135, 104. 

Johnson v. County of Stark, 24 Iil., 75, 60, 83. 

Johnson v. Joliet and Chicago Railroad Company, 23 Iil., 202, 
84, 87, 88. 

Johnson v. People 173 Jil., 131, 107. 

Joliet and Chicago Railroad Company, Johnson v., 23 Iil., 202, 
84, 87, 88. 

Jonas, People v., 234 IIil., 56, 106. 

Jones et al., Board of Su pecicne of Jefferson County v., 63 m., 
ddl, 155. 

Jones v. Chicago, Rock Island, and Pacific Railway Company, 231 
Tfl., 302, 120. 

Joos v. Illinois National Guard e¢ al., 257 Ill., 138, 121. 

Joseph Cloud, Administrators of, Reddick v., 2 Gilman (7 Iil.), 
670, 37. 

Josma v. Western Steel Car and Foundry Company, 249 Jil., 508, 
104. 

Joyce, People v., 246 IIl., 124, 116, 128. 

Juliet, Boon v., 1 Scammon (2 IIl.), 258, 39. 

Juvinall e¢ al. v. Jamesburg Drainage District, 204 Ill., 106, 107. 


TABLE OF CASES 195 


Kaelber, People v., 253 Iil., 552, 118. 


_ Kaskaskia Island Sanitary and Levee District, Herschbach ez al. v., 


265 Iil., 388, 122, 148. 


- Kaskaskia, President and Trustees of the Commons of, et al., Land 


Commissioners v., 249 Iil., 578, 41, 85, 119. 

Kaskaskia, President and Trustees of the Commons of, Stead et al. 
v., 248 Til., 239, 41, 85. 

Kaufman v. People ew rel., 185 Ill., 113, 141. 

Keady, Board of Supervisors of Iroquois County e¢ al. v., 34 IIl., 
293, 57. 


Keener, Crull v., 17 Jil., 246, 72. 


Keith, People’s Loan and Homestead Association of Joliet v., 153 

 ‘Iil., 609, 146, 147. 

Keithsburg, President and Trustees of the Town of, v. Frick, 34 
Iil., 405, 83. 


: Kelly et al. v. Johnson et al., 251 Ill., 135, 104. 


Kellyville Coal Company v. Harrier, 207 Iil., 624, 104. 
Kemble, Jackson v., 18 Ill., 580, 52. 


‘Kennedy et al. v. People, 122 Il., 649, 107. 


Kennedy v. McGovern ez al., 246 Iil., 497, 118. 

Keokuk and Hamilton Bridge Company v. People, 176 JIl., 267, 
104. 

Kepley et al. v. People, 123 Ill., 367, 137. 

Kern ¢¢ al., Butzow v., 264 Iil., 498, 155. 

Kettering v. City of Jacksonville, 50 I7l., 39, 52. 

King et al., Bonney v., 201 IIil., 47, 108. 

Kingsbury, People ex rel. v., 100 Iil., 509, 148, 154. 

Kingsbury v. Sperry et al., 119 Til., 279, 119. 


Kinney v. Cook, 3 Scammon (4 IIil.), 231, 40. 


Kipley et al., People ex rel. v., 171 Ill., 44, 105, 106, 109. 
Klokke v. Dodge, 103 Jil., 125, 138, 139. 


_ Knecht ¢¢ al., Koelle et al. v., 99 Iil., 396, 159. 


Knight, County of Vermilion v., 1 Scammon (2 IIl.), 9%, 44. 
Knobel, City of Chicago v., 232 Iil., 112, 106. 

Knopf, People ex rel. v., 171 Iil., 191, 148, 152. 

Knopf, People ex rel. v., 183 Ill., 410, 115. 

Knopf, People ex rel. v., 198 Ill., 340, 114, 187. 


196 ILLINOIS HISTORICAL COLLECTIONS 


Knox et al., Brundage v., 279 IIl., 450, 121. 
‘Kochersperger v. Drake et al., 167 Jll., 122, 146. 
Koelle et al. v. Knecht e¢ al., 99 Iil., 396, 159. 
Kost, Town of Pleasant v., 29 Jil., 490, 81. 

Kreitz v. Behrensmeyer, 149 Ill., 496, 156. 

Kuehner et al. v. City of Freeport, 143 Iil., 92, 148. 


Ladd, Hopkins v., 35 Ill., 178, 87. 

Land Commissioners v. President and Trustees of the Commons of 
Kaskaskia et al., 249 Ill., 578, 41, 85, 119. 

Lane et al. v. Dorman, 3 Scammon (4 IIl.), 237, 26, 41. 

Lane v. Soulard et al., 15 Ill., 123, 86. 

Langdon v. People, 133 Jil., 382, 105. 

Lansing v. Hunter, 26 Iil., 247, 73. 

Larkins v. Terminal Railroad Association of St. Louis, 221 Iil., 
428, 105. 

Larned e¢ al., City of Chicago v., 34 Ill., 203, 81, 83. 

‘Larsen, Peaple v., 265 Ill., 406, 143. 

La Salle County, Board of Supervisors of, People ex rel. v., 100 
Iil., 495, 164. 


La Salle, Neustadt and City of, v. Illinois Central Railroad Com- 


pany, 31 Iil., 484, 89. 

La Salle Street Trust and Savings Bank, People ew rel. v., 269 
Til., 518, 114, 157, 158. 

Lasher v. People, 183 Jil., 226, 120. 

Lavalle, Hebert et al. v., 27 Iil., 448, 41. 

Lavalle v. Strobel, 89 Iil., 370, 41. 

Lawrence, County of, County of Richland v., 12 Ill., 1, 42, 52. 

Lawrence, County of, Ohio and Mississippi Railroad Company v., 
27 Iil., 50, 73. 

Lawrence, Parmelee e¢ al. v., 48 Ill., 331, 52, 89. 

Leach v. People ex rel., 122 Ill., 420, 57, 80. 

Lebanon, Town of, et a v. Ohio and Mississippi Railroad Com- 
pany, 77 Ill., 539, 82. 

Leighton v. Hall, 37 Iil., 108, 76. 

Lester et al., Berkowitz v., 121 Jil., 99, 186, 141. 

L’Hote et al. v. Village of Milford, 272 Ill., 418, 119. 


1 ee 


TABLE OF CASES ose Gee 


Lightcap, Bradley v., 201 Iil., 511, 107. 

Lincoln Park, Commissioners of, v. Fahrney, 250 Ill., 256, 120. 

Lippincott, People er rel. v., 65 IIl., 548, 147. 

Lippincott, People ez rel. v., 67 Iil., 333, 73, 168. 

Lippman v. People, 175 Jii., 101, 105, 120. 

Litchfield and Madison Railway Company et al. v. People ez rel., 
222 Iil., 242, 160. 

Livingston County, Board of Supervisors of, v. Weider, 64 Iil., 
427, 84. 

Lobdell et al. v. City of Chicago et al., 227 JIl., 218, 150. 

Lockport, President and Trustees of, v. Gaylord, 61 JIl., 276, 57. 

Loeffier, People ex rel. v., 175 IIll., 585, 132. 

Loeffler v. City of Chicago et al., 246 IIl., 43, 148. 

Loehde v. Glos, 265 Iil., 401, 173. 

Loewenthal et al., People ex rel. v., 93 Iil., 191, 84, 85, 157. 

Loomis e# al., People ez rel. v., 96 IIl., 377, 139. 

Lowe, Senichka v., 74 Jil., 274, 108. 

Lux, St. Louis and Southeastern Railway Company v., 63 I/l., 523, 
72. 

Lynch et al., Ryan v., 68 Iil., 160, 55, 56, 57. 

Lynch v. Hutchinson e al., 219 Jil., 193, 115. 

Lynch v. Malley, 215 Iil., 574, 144. 


McAuliffe v. O’Connell, 258 Jil., 186, 114. 

McBride, People v., 234 Jil., 146, 109; 115. 

McChesney v. People ez rel., 174 Iil., 46, 154. 

McClelland, Ohio and Mississippi Railroad Company v., 25 IIL, 
140, 89. 

McCormick, People ez rel. v., 261 Til., 413, 188, 144, 158. 

McCoy, City of Chicago e al. v., 136 Iil., 344, 173. 

McCullough, Neiberger v., 253 Jil., 312, 28, 55, 56, 114, 115. 

McCullough, People ez rel. v., 210 Iil., 488, 129. 

McCullough, People ez rel. v., 254 IIl., 9, 108, 125, 126. 

McDonnell v. Olwell e¢ al., 17 Iil., 375, 72. 

McDonough e al., McManus v., 107 JII., 95, 107. 

McFadden v. Fortier, 20 Til., 509, 76. 

McGovern e¢ al., Kennedy v., 246 JIil., 497, 118. 


198 


_ - McIntyre v. People ex rel., 227 Ill., 26, 105. 
- McKindley e¢ al. v. Rising, 28 Iil., 337, 89. 
McManus v. McDonough et al., 107 Ill., 95, 107. 
McVeagh v. City of Chicago et al., 49 Ill., 318, 52. hark 
Madison, County Court of, v. People ex rel., 58 7 ta ae 

- Madison, County of, Coles v., Breese (1 Ill.), 154, 42. i a 
Malley, Lynch v., 215 Ill., 574, 144. ; Lapras ae 
Manhatten Cement Company, City of Chicago v., 1 

149, 150. me 
Manowsky v. Stephan et al., 233 Ill., 409,118. 

_ Marine Bank of Chicago v. Auditor of State, 74 Jil, 18 
Marks, Hall v., 34 Iil., 358, 52. 
Marsh, Newland v., 19 Iil., 376, 87. 5d! 
Marshall et al., People ex ret v., 1 Gilman (6 Ii), 6Y 
Marshall e al. v. Silliman et al., 61 Ill., 218, 52, 84, 1 
Marshall, People ex rel. v., 12 Ill., 391, 79, 80,151. 
Martin, People ex rel. v., 178 Ill., 611, 152. 
-Marzen v. People, 190 Jil., 81, 106. . 
Mason v. Wait et al., 4 Scammon (6 Iil.), 127, 26. 
Massie v. Cessna, 239 IIl., 352, 104, 118. ae 
Masters et al., Frackelton v., 249 Iil., 30, 186, 188,189. 
Mayer v. Springer, 192 Iil., 270, 161. rig 
Maynard, People v., 14 IIl., 419, 72, 76. 

Meech, People ex rel. v., 101 Iil., 200, 119, 139, 141. 

Mellen, People ex rel. v., $2 Iil., 181, 57. 

Merrigan, County of Christian v., 191 IIl., 484, 108. 

Merritt et al. v. Farriss et al., 22 Ill., 303, 83. 
"Messer, Coles County v., 195 Ill., 540, 155. . 
Messinger v. Germain, 1 Gilman (6 TIil.), 632, 26. 


Matieer. Huntington v., 158 Iil., 272, 107. 

Meul v. People, 198 I1l., 258, 128. 

Meyers, Stein e¢ al. v., 253 Ill., 199, 178. 

Miles, Board of Ateniclenetian v., 278 Til., 174, 104. 
Milford, Village of, Hote et al. v., 212 Ill., 418, 119, 


Miller v. eles 230 Til., 65, 119, 124. 


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TABLE OF CASES 199 


Millett v. People, 117 Jil., 294, 104, 162. 
Mills e¢ al. v. County of St. Clair et al., 2 Gilman (7 Iil.), 197, 41. 
Milne v. People, 224 Jil., 125, 115. 
Minear v. State Board of Agriculture, 259 [il., 549, 121. 
Miner et al., People v., 144 Jil., 308, 106. 
Minters v. People, 139 I/l., 363, 106. 
_Mobley, People ex rel. v., 1 Scammon (2 IIil.), 215, 37. 
Monarch Refrigerating Company, State Public Utilities Commis- 
sion v., 267 Jil., 528, 161. 
Moore ez al., People v., 240 Iil., 408, 144. 
Morehead, Off and Company v., 235 TIil., 40, 104. 
Morgan e¢ ai. v. Schusselle e¢ al., 228 Ill., 106, 149. 
‘Morrison et al. v. People, 196 Iil., 454, 153. 
Morton, Reid e¢ al. v., 119 Jil., 118, 72. 
Morton v. People, 47 Iil., 468, 88. 
Mt. Vernon, City of, v. Evens and Howard Fire Brick Company, 
204 Til., 32, 120. : 
Munn et al. v. People, 69 Iil., 80, 104, 163. 
Munn v. People, 94 U. S., 113, 104, 163. 


Nance v. Howard, Breese (1 IIl.), 242, 48. 

National Elevator and Dock Company et al., Chicago, Madison, 
and Northern Railroad Company et al. v., 153 IIl., 70, 162. 

Neiberger v. McCullough e al., 253 Iil., 312, 28, 55, 56, 114, 115. 

Nellis, People ex rel. v., 249 Ill., 12, 115, 118, 127. 

Nelson v. People, 33 Iil., 390, 89, 99. 

Nesbitt v. Trumbo ef al., 39 Jil., 110, 87. 

Neustadt and the City of La Salle v. Illinois Central Railroad 
Company, 31 Til., 484, 89. : 

Nevins v. City of Peoria, 41 JIl., 502, 88. 

Newland v. Marsh, 79 Jil., 376, 87. 

New York, Fidelity and Casualty Company of, Swedish-American 
Telephone Company e¢ al. v., 208 IIl., 562, 105. 

Niles, Drainage Commissioners of the Town of, v. Harms, 238 JI1., 
414, 133, 136. 


Noel v. People, 187 Iil., 587, 120. 
—16HC 


200 ILLINOIS HISTORICAL COLLECTIONS ~~ 


Nolan, People v., 250 Jil., 351, 106. 

North v. Board of Trustees of the University of Illinois, 187 IIL. 
296, 104. 

Northwestern University v. People ew rel., 86 Ill., 141, 82. 

Nottinger, Ware v., 35 IJil., 375, 87. 


Oak Park, First Congregational Church of, People ea rel. v., 232 
Til., 158, 146. 

O’Connell e¢ al., City of Chicago v., 278 Iil., 591, 157. 

O’Connell, McAuliffe v., 258 Jil., 186, 114. 

Off and Company v. Morehead, 235 Iil., 40, 104. 

Ogle, Roberts v., 30 Ill., 459, 52. 

Ohio and Mississippi Bailraad Company, Town of Lebanon et a 
Welt LiL Oo0), oes 

Ohio and Mrgeibel hot Railroad Company v. Lawrence County, 27 
Til., 50, 73. 

Ohio and Mississippi Railroad Company v. McClelland, 25 Til., 
140, 89. 

O’Leary v. County of Cook, 28 Jll., 534, 57. 

Olsen v. People ex rel., 219 Iil., 40, 107. 

Olson et al., People ex rel. v., 245 Ill., 288, 148. 

Olwell et al., McDonnell v., 17 IIl., 375, 72. 

Onahan et al., People ex rel. v., 170 Ill., 449, 142. 

Opel, Booth v., 244 Iil., 317, 118, 148, 150. 

O’Toole, People ew rel. v., 164 Iil., 344, 141. 

Ottawa, City of, v. Spencer et al., 40 Iil., 211, 81. 

Owners of Land v. People ex rel., 113 Iil., 296, 118, 120, 156. 


Palmer v. Forbes et al., 23 Ill., 301, 159. 

Palmer v. Riddle, 180 IlJ., 461, 147. 

Parker v. County of Richland, 214 Jil., 165, 155. 
Parker v. Follensbee, 4 Jil., 473, 89. 

Parmelee et al. v. Lawrence, 48 JIl., 331, 52, 89. 
Paulsen v. People, 195 I1l., 507, 105, 107. 

' Paxton, City of, v. Fitzsimmons, 253 IIl., 355, 146. 
Pearce v. Vittum, 193 Jil., 192, 114. 

Peckham, Blake et al. v., 64 Iil., 362, 168. 


eat 


TABLE OF CASHES 201 


Peltier et al., People ew rel. v., 265 Ill., 630, 148. 

Pence, Toledo, Peoria and Warsaw Railway Company v., 68 IIl., 
524, 159. 

People, Bessette v., 193 Jll., 334, 118. 

People, Board of School Inspectors of the City of Peoria v., 20 Iil., 

«B25, 75. 

People, Boone v., 148 Jil., 440, 106. 

People, Braceville Coal Company v., 147 Iil., 66, 156. 

People, Bradley v., 4 Wallace (71 U. S.), 459, 81. 

People, Bratsch v., 195 Ill., 165, 141. 

People, Buckrice v., 110 Jil., 29, 106. 

People, Carpenter v., 3 Gilman (8 Ill.), 147, 41. 

People, Cawley et al. v., 95 Iil., 249, 110. 

People, Chicago, Rock Island, and Pacific Railway Company v., 
217 Til., 164, 107. 

People, Christie v., 206 Ill., 337, 58, 144. 

People, Cochran v., 175 Iil., 28, 106. - 

People, Dahnke v., 168 Iil., 102, 1538. 

People, Darst et al. v., 51 Ill., 286, 87. 

People, Dickson v., 17 I1l., 191, 58. 

People, Dreyer v., 188 Jil., 40, 106. 

People, Dunne v., 94 Jll., 120, 161. 

People e¢ al. v. Block et al., 276 Ill., 286, 148, 149. 

People e¢ al. v. Salomon, 51 Jil., 37, 83. 

People ez rel., Bunn et al. v., 45 Ill., 397, 69, 75, 127, 132. 

People ex rel. Casey et al. v., 132 Iil., 546, 165. 

People ea rel., Chambers v., 113 Ill., 509, 147. 

People ex rel., Chicago and Alton Railroad Company v., 67 TII1., 
11, 107, 160. 

People ex rel., Cornell v., 107 Til., 372, 148. 

People ex rel., County Court of Madison County v., 58 IIl., 456, 
84. 

People ex rel. Crook v., 106 Tll., 237, 121. 

People ex rel. Donnelly v., 11 I1l., 552, 76. 

People ex rel., Douglas et al. v., 225 IIl., 536, 118 

People ex rel., Durkee v., 155 Ill., 354, 157. 


202 ILLINOIS HISTORICAL COLLECTIONS 


People ea rel., Field v., 2 Scammon (8 IIl.), 79, 26, 31, 32, 35, 
109, 126. 
People ex rel., Grosse v., 218 Ill., 342, 145. 
People ex rel., Hannah v., 198 Iil., 7%, 161, 168. 
People ex rel., Hoover v., 171 Iil., 182, 148. 
People ex rel., Kaufman v., 185 Jll., 118, 141. 
People ex rel., Litchfield and Madison Railway Company et al. v., 
222 Lil., 242, 160. 
People ex rel., Leach v., 122 Iil., 420, 57, 80. ete 
People ex rel., McChesney v., 174 Iil., 46, 154. Z 
People ex rel., McIntyre v., 227 Iil., 26, 105. cs 
People ex rel., Northwestern University v., 86 IIl., 141, 82. 
People ex rel., Olsen v., 219 Iil., 40, 107. 
People ex rel., Owners of Lands v., 113 Jil., 296, 118, 120, 156. 
People ex rel., Reed et al. v., 125 Ill., 592, 157. 
People ex rel. Ring v. Board of Education, 245 Ill., 334, 104. 
People ex rel., School Directors of District Number 13 v., 79:-L ll, : 
511, 132. fi 
People ea rel., Silver v., 45 Ill., 224, 52. 
People ea rel. Thrasher v. Smith, 275 Ill., 256, 105. 
People ex rel. v. Abbott, 274 Til., 380, 117. 
People ex rel. v. Auditor, 12 I1l., 307, 99. 
People ex rel. v. Auditor, 30 IIl., 434, 99. 
People ez rel. v. Auditor of Public Accounts, 64 Jll., 82, 174, 
People ex rel. v. Barger, 62 Ill., 452, 82. re 
People ex rel. v. Beveridge, 38 Ill., 307, 56, 57, 59. fs # 
People ex rel. v. Bissell, 19 Iil., 229, 52. > 
People ex rel. v. Board of Gaameemtoten of Cook County et al., 


176 Ill., 576, 152, 153. ie 
People ex rel. v. Board of Education et al., 234 Ill., 422, 144. i 
People ex rel. v. Board of Education, 245 Iil., 334, 104, 145. ‘" 
People ex rel. v. Board of Election Commissioners of the i: of 8 


Chicago, 221 Jil., 9, 108, 110, 118. 

People ex rel. v. baud of Supervisors of Adams County 185 Til., 
288, 119. 

People ex rel. v. Board of Supervisors of La Salle County, 100 Iil., 
495, 164. 


¥ 
b 
} 
: 


TABLE OF CASES 203 


People ex rel. v. Bollam, 182 I1l., 528, 139. 

People ez rel. v. Bowman, 247 Iil., 276, 114, 120. 

People ex rel. v. Brady, 262 Jil., 578, 114, 115. 

People ex rel. v. Brady, 273 Iil., 178, 157. 

People ex rel. v. Butler Street Foundry and Iron Company, 201 
Ill,, 236, 107. 

People ex rel. v. Byers, 271 Iil., 600, 148. 

People ex rel. v. Campbell, 3 Gilman (8 Iil.), 466, 29. 

People ex rel. v. Carlock, 198 Iil., 150, 111. 

People ex rel. v. Chase, 165 Ill., 527, 132. 

People ex rel. v. Chetlain, 219 Ill., 248, 155, 156. 

People ex rel. v. Chicago and Alton Railroad Company et al., 253 
Til., 191, 150. 

People ex rel. v. Chicago Gas Trust Company, 130 Iil., 268, 156. 

People ex rel. v. City of Chicago and Schlesinger and Mayer, 193 
Iil., 507, 188. 


People ex rel. v. Clean Street Company, 225 Jil., 470, 120. 
People ex rel. v. Common Council of the City of Aurora et al., 84 


Iil., 157, 168. : 

People ex rel. v. Crossley et al., 261 Ill., 78, 115. 

People ex rel. v. Czarnecki, 266 IIl., 372, 144. 

People ex rel. v. Day, 277 Iil., 543 (556, 557), 115, 178. 

People ex rel. v. Deneen et al., 247 Iil., 289, 112. 

People ex rel. v. Deutsche Gemeinde, 249 Ill., 182, 146. 

People ex rel. v. Drainage Commissioners, 143 Ill., 417, 122. 

People ex rel. v. Dunne et al., 258 Iil., 441, 109. 

People ex rel. v. English et al., 139 Iil., 622, 144, 145. 

People ex rel. v. First Congregational Church of Oak Park, 232 
Til., 158, 146. 

People ew rel. v. Garner et al., 47 Ill., 246, 79. 

People ex rel. v. Hatch, 33 Iil., 9, 35, 55, 69, 70, 71, 113, 127, 129. 

People ex rel. v. Hazelwood, 116 J1J., 319, 118. 


People ex rel. v. Hoffman et al., 116 IIl., 587, 108, 119, 182, 143. _ 


People ex rel. v. Honeywell, 258 Ill., 319, 150. 
People ea rel. v. Hoyne, 262 Iil., 82, 136. 
People ex rel. v. Hutchinson, 172 Jll., 486, 111. 
People ex rel. v. Inglis, 161 Il., 256, 126. 


Ait 
Carn 


204 ILLINOIS HISTORICAL COLLECTIONS 


People ex rel. v. Kingsbury, 100 Ill., 509, 148, 154. 

People ex rel. v. Kipley et al., 171 Ill., 44, 105, 106, 109. 

People ex rel. v. Knopf, 198 Ill., 340, 114, 187. 

People ea rel. v. Knopf, 188 II1l., 410, 115. 

People ex rel. v. Knopf, 171 Jil., 191, 148, 152. 

People ex rel. v. La Salle Street Trust and Savings Bank, 269 Jil., 
518, 114, 157, 158. 

People ex rel. v. Lippincott, 65 Jil., 548, 147. 

People ex rel. v. Lippincott, 67 Ill., 333, 73, 168. 

People ex rel. v. Loeffler, 175 Ill., 585, 132. 

People ex rel. v. Loewenthal et al., 93 Jll., 191, 84, 85, 157. 

People ea rel. v. Loomis et al., 96 Il., 377, 189. 

People ex rel. v. McCormick, 261 Iil., 413, 138, 144, 153. 

People ex rel. v. McCullough, 210 Jil., 488, 129. 

People ex rel v. McCullough, 254 Jil., 9, 108, 125, 126. 

People ex rel. v. Marshall et al., 1 Gilman (6 TIl.), 672, 48. 

People ex rel. v. Marshall, 12 Jil., 391, 79, 80, 151. 

People ex rel. v. Martin, 178 Ill., 611, 152. 

People ex rel. v. Mayor and Common Council of Alton, 193 Jil., 
309, 144. 

People ea rel. v. Mayor and Common Council of Alton, 233 Til, 
542, 105. 

People ex rel. v. Meech, 101 IIl., 200, 119, 139, 141. 

People ex rel. v. Mellen, 32 Tll., 181, 57. 

People ex rel. v. Mobley, 1 Scammon (2 Ill.) , 215, 37. 

People ex rel. v. Nellis, 249 Ill., 12, 115, 118, 127. 

People ex rel. v. Olsen et al., 245 Ill., 288, 148. 

People ex rel. v. Onahan et al., 170 Ill., 449, 142. 

People ea rel. v. O’Toole, 164 Ill., 344, 141. 

People ex rel. v. Peltier et al., 265 Iil., 630, 148. 

People ex rel. v. Reynolds, 5 Gilman (10 Iil.), 1, 27, 109. 

People ex rel. v. Rinaker et al., 252 Til., 266, 120. 

People ex rel. v. Rodenberg, 254 IIl., 386, 106, 142. 

People ea rel. v. Rose, 166 Ill., 422, 187. 

People ex rel. v. Rose, 208 Til., 46, 184. 

People ex rel. v. St. Louis, Alton, and Terre Haute Railroad Com- 
pany, 176 Jil., 512, 159. : 


TABLE OF CASES 205 


People ex rel. v. Salomon, 46 Ill., 333, 82. 
People ex rel. v. Smith, 51 IIl., 177, 72. 
People ex rel. v. Starne, 35 I1l., 121, 55, 56, 57, 114. 


People ex rel. v. Steward et al., 249 Til., 311, 105. 


People ex rel. v. Strassheim, 240 Iil., 279, 112. 

People ex rel. v. Taylor et al., 257 Ill., 192, 112, 143. 

People ex rel. v. Taylor, 1 Scammon (2 IIl.), 201, 36. 

People ex rel. v. Thompson, 155 Jll., 451, 111. 

People ex rel. v. Turner, 55 JIl., 280, 86. 

People ea rel. v. Warfield, 20 Iil., 159, 80. 

People ex rel. v. Weis et al., 275 Iil., 581, 119, 120. 

People ex rel. v. Wiant, 48 Ill., 263, 80. 

People ex rel. v. Williams, 51 JIi., 63, 88. 

People ex rel. v. Wright, 70 Ill., 388, 115. 

People ex rel., White v., 94 IIl., 604, 83. 

People ex rel., Wilcox et al. v., 90 Iil., 186, 127. 

People ea rel., Williams v., 132 Ill., 574, 165. 

People, Foreman et al. v., 209 Ill., 567, 131, 135, 137, 140. 

People, Frorer et al. v., 141 Jil., 171, 104. 

People, George v., 167 Ill., 447, 105, 108. 

People, Gillespie et al. v., 176 IIl., 238, 106. 

People, Gillespie v., 188 Ill., 176, 120. 

People, Greeley et al. v., 60 Iil., 19, 80. 

People, Greene v., 182 Iil., 278, 141. 

People, Guedel v., 43 Jil., 226, 88. 

People, Illinois Central Railroad Company v., 143 Il., 434, 114. 

People, Indiana Millers’ Mutual Fire Insurance Company ef al. 
v., 170 Ill., 474, 136. 

People, Johnson v., 173 Ill., 131, 107. 

People, Kennedy et al. v., 122 Ill., 649, 107. 

People, Keokuk and Hamilton Bridge Company v., 176 IIl., 26%, 
104. 

People, Kepley et al. v., 123 Ill., 367, 137. 

People, Langdon v., 133 Ill., 382, 105... 

People, Lasher v., 183 Ill., 226, 120. 

People, Lippman v., 175 Jil., 101, 105, 120. 

People, Marzen v., 190 Ill., 81, 106. 


206 ILLINOIS HISTORICAL COLLECTIONS 


People, Meul v., 198 Iil., 258, 128. 

People, Miller v., 230 Jil., 65, 119, 124. 

People, Millett v., 117 Iil., 294, 104, 162. 

People, Milne v., 224 Ill., 125, 115. 

People, Minters v., 139 Iil., 363, 106. 

People, Morrison et al. v., 196 Ill., 454, 158. 

People, Morton v., 47 Til., 468, 88. 

People, Munn é¢ al. v., 69 Ill., 80, 104, 168. 

People, Munn v., 94 U. 8., 118, 104, 168. 

People, Nelson v., 33 I1l., 390, 89, 99. 

People, Noel v., 187 Iil., 587, 120. 

People, Paulsen v., 195 Jil., 507, 105, 107. 

People, Perry v., 14 Ill., 496, 72. 

People, Price v., 193 Iil., 114, 146. 

People, Ritchie v., 155 Ill., 98, 104, 115, 116. 

People, Ruggles v., 91 Jil., 256, 107. 

People, Solomon v., 15 Jil., 291, 72. 

People, Spies et al. v., 122 Ill., 1 (262), 106. 

People, Starkey v., 77 Jil., 17, 106. 

People, Starne v., 222 I1l., 189, 120, 122. 

People, Stone v., 2 Scammon (3 IIl.), 326, 41. 

People, Storey v., 79 Jil., 45, 105. 

People, Stow v., 25 Iil., 81, 72. 

People, Thompson v., 144 Jil., 378, 106. 

People, Tucker v., 122 Jil., 583, 106. 

People v. Adams State Bank, 272 I1l., 277, 157. 

People v. Bangs, 24 Ill., 184, 73. 

People v. Board of Commissioners of Cook County et al., 176 Zil., 
516, 152. 

People v. Bradley et al., 39 Iil., 130, 81. 

People v. Brown, 11 Jii., 479, 80. 

People v. City of St. Louis et al., 5 Gilman (10 Iil.), 351, 35. 

People v. Clark, 280 Iil., 160, 105. 

People v. Commercial Life Insurance Company, 247 Iil., 92, 120. 

People v. Cosmopolitan Fire Insurance Company, 246 Iil., 442, 142. 

People v. Couchman e¢ al., 15 IIl., 142, 80. 

People v. Deneen, 247 Iil., 289, 148. 


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_ TABLE OF CASES 207 


Dubois, 19 Jil., 223, 99. 

Dubois, 23 Jil., 547, 73. 

Edmands, 252 Iil., 108, 114. 
Election Commissioners, 221 Iil., 9, 143. 
Elerding, 254 Iil., 579, 104. 

Evans 247 Jil., 54%, 127. 

Forquer, Breese (1 Iil.), 104, 32, 127. 
Fuller, 238 Ill., 116, 105, 155. 
Gartenstein, 248 I7l., 564, 141, 148. 
Glowacki, 236 Jil., 612, 106. 

Harper et al., 91 IIl., 357, 163. 
Holten e¢ al., 259 Ill., 219, 133. 
Honaker, 281 Iil., 295, 105. 
Jacobson, 247 Iil., 394, 136, 141. 
Jonas, 234 Iil., 56, 106. 

Joyce, 246 Iil., 124, 116, 128. 
Kaelber, 253 Jil., 552, 118. 

Larsen, 265 Iil., 406, 148. 

McBride, 234 Jil., 146, 109, 115. 
Maynard, 14 Iii., 419,72, 76. 

Miner e al., 144 Til., 308, 106. 
Moore e# al., 240 Ill., 408, 144. 
Nolan, 250 Iil., 351, 106. 

Roth, 249 Jil., 532, 109, 115. 

Royal, 1 Scammon (2 Iil.), 557, 41. 
Russell, 245 Il., 268, 106. 

Sargent, 254 Iil., 514, 115. 
Solomon, 265 Jil., 28, 120. 

State Board of Dental Examiners, 278 J7l., 144, 114. 
Stevenson, 281 Iil., 17, 164. 

Stokes, 281 IT7l., 159, 104, 118. 
Strassheim, 240 I7l., 279, 143. 
Stuart e¢ al., 97 Iil., 123, 128. 
Sweitzer, 280 Iil., 436, 137. 

Taylor, 257 Jil., 192, 144. 


> People v. Union Consolidated Elevated Railway Company, 263 IIL., 


32, 160. 


Wy d 
Vite te 


208 ILLINOIS HISTORICAL COLLECTIONS 


‘ 


People v. Union Elevated Railroad Company, 269 Jil., 212, 160. 

People v. Wall, 88 JIl., 75, 187. 

People v. Whittemore et al., 253 Ill., 378, 130, 181. 

People v. Wilcox, 237 Ill., 421, 119. 

People v. Williams, 232 Ill., 519, 155. 

People v. Wilson, 15 Ill., 388, 74. 

People v. Worthington, 21 Jil., 171, 81. 

People, Watt v., 126 Ill., 9, 106. 

People, West v., 137 Iil., 189, 106. - 

People, Weyrich v., 89 Jil., 90, 106. 

People, White et al. v., 90 Ill., 117, 106. 

People, Whitesides v., Breese (1 Ill.), 21, 37. 

People, Whittemore v., 227 Jil., 453, 116, 117, 181. 

People, Willard v., 4 Scammon (5 Iil.), 461, 38. 

People’s Loan and Homestead Association of Joliet v. Keith, 153 
Til., 609, 146, 147. 

Peoria and Springfield Railroad Company v. Thompson, 103 UL, — 
187, 160. 

Peoria, Board of School Inspectors of the City of, v. People, 2 
Ill., 525, 75. 

Peoria, City of, Beesman v., 16 IIl., 484, 52. 

Peoria, City of, Illinois Mutual Fire Insurance Company v., 29 
Til., 180, 52. 

Peoria, City of, Nevins v., 41 IIl., 502, 88. 

Perdue, City of Bloomington v., 99 Til., 329, 150. 

- Perry, County of, Stebbins v., 167 I7l., 567, 165. 

Perry v. People, 14 Ill., 496, 72. 

Pfanschmidt et al., Wall et al. v., 265 Ill., 180, 107. - 

Phillips v. Browne, 270 Ill., 450, 115. 

Phoebe v. Jay, Breese (1 Iil.), 268, 39. 

Pittsburg, Cincinnati, Chicago, and St. Louis Railway Company, 
City of Chicago v., 244 Iil., 220, 120, 165. 

Pleasant, Town of, v. Kost, 29 Jil., 490, 81. 

Plumleigh v. White, 4 Gilman (9 IIl.), 388, 36. 

Plummer et al. v. Yost e¢ al., 144 Til., 68, 148, 144, 145. 

Pollock, City of Bloomington v., 141 Iil., 346, 167. 

Pope et al., Edwards v., 3 Scammon (4 Tll.), 464, 26, 41. 


TABLE OF CASES 209 


Poppen v. Holmes, 44 Ill., 360, 52, 72. 

Portsmouth Savings Bank, Town of Concord v., 92 U. S., 625, 165. 

Powell e¢ al. v. Board of Education, 97 Ill., 375, 144. 

Prentiss, Illinois Life Insurance Company v., 277 IIl., 383, 105. 

Prescott v. City of Chicago, 60 Ill., 121, 57. 

President and Trustees of Lockport v. Gaylord, 61 IIl., 276, 57. 

President and Trustees of the Town of Keithsburg v. Frick, 34 /il., 
405, 88. 

Prettyman v. Supervisors of Tazewell County et al., 19 Ill., 406, 
52, 60. 

Price v. People, 193 Jil., 114, 146. 

Primm et al. v. City of Belleville et al., 59 Ill., 142, 82, 84. 


Quincy Building and Homestead Association, Winget et al. v., 128 
P Ill. 67, 119. 


Randle, Cleveland, Cincinnati, Chicago, and St. Louis Railway 
Company v., 183 Iil., 364, 119. 

Rankin v. Beaird, Breese (1 Jll.), 163, 41. 

Ray, Sanitary District of Chicago v., 199 IIl., 63, 120. 

Raymond et al. v. Hartford Fire Insurance Company et al., 196 
Til., 329, 146, 147. 

Raymond v. Chicago Union Traction Company, 207 U. S., 20, 146. 

Reddick v. Administrators of Joseph Cloud, 2 Gilman (7 IIl.), 
670, 37. 

Reed et al. v. People ex rel., 125 Ill., 592, 157. 

Reed et al. v. Tyler et al., 56 Il., 288, 88, 108. 

Reeves, City of Chicago v., 220 Ill., 274, 115, 164. ; 

Reichwald v. Catholic Bishop of Chicago et al., 258 Ill., 44, 104, 
145. 

Reid et al. v. Morton, 119 Jil., 118, 72. 

Reynolds, People ex rel. v., 5 Gilman (10 Ill.), 27, 109. 

Reynolds, Saulpaugh, and Company, City of Dunleith v., 53 JIl., 
45, 82. 

Rhein, Tissier v., 730 [/., 110, 141. 

Rhinehart v. Schuyler et al., 2 Gilman (7 Iil.), 473, 26, 41, 48. 

Richland, County of, Parker v., 214 Ill., 165, 155. 


. 


210 ILLINOIS HISTORICAL COLLECTIONS 


Richland, County of, v. County of Lawrence, 12 Jil., 1, 42, 52. 

Richter v. Burdock, 257 Jil., 410, 114. 

Riddle, Palmer v., 180 Ill., 461, 147. 

Ridgway, Village of, County of Gallatin et al. v., 181 Ill., 521, 152. 

Rigney v. City of Chicago, 102 Iil., 64, 107. 

Rinaker e¢ al., People ex rel. v., 252 Ill., 266, 120. 

Rising, McKindley et al. v., 28 Iil., 337, 89. 

Ritchie and Company e¢ al. v. Wayman et al., 244 Ill., 509, 104. 

Ritchie v. People, 155 Jil., 98, 104, 115, 116. 

Roberts v. Ogle, 30 Iil., 459, 52. 

Roberts v. Thomson e¢¢ al., 28 Ill., 79, 52. 

Robertson e¢ al. v. City of Rockford, 21 Jil., 451, 60. 

Roby v. City of Chicago, 64 Ill., 447, 107. 

Rock Island, City of, et al., Schnell et al. v., 232 Ill, 89, 150. 

Rock Island County v. Sage, 88 Iil., 582, 79. 

Rockafellow, Central Military Tract Railroad Company v., 17 IIL., 
541, 87. 

Rockford, City of, Fox v., 38 Jll., 451, 81. 

Rockford, City of, Robertson e¢ al. v., 21 Iil., 451, 60. 

Rockford, Rock Island, and St. Louis Railroad seg Wilson 
., 59 Ill., 273, 88. 

Rodenberg, Paople ex rel. v., 254 Ill., 386, 106, 142. 

Rodney v. Illinois Central Railroad Company, 19 Jil., 42, 86, 89. 

Rokker et al., Dement et al. v., 126 Ill., 174, 117, 121. 

Romberg, State Public Utilities Commission ex rel. v., 275 Iil., 
432, 120. 

Rose e¢ al. v. Sanderson, 38 Iil., 247, 87. 

Rose, People ez rel. v., 166 II1l., 422, 137. 

Rose, People ez rel. v., 203 Iil., 46, 184. 

Ross v. Irving, 14 Iil., 171, 87. 

Roth, People v., 249 Iil., 532, 109, 115. 

Rouse v. Thompson, 228 Iil., 522, 108, 109, 112, 115, 148. 

Rowe v. Bowen, 28 Jll., 116, 72. 

Royal, People v., 1 Scammon (2 IIl.), 557, 41. 

Rozier v. Fagan et al., 46 Ill., 404, 52. 

Ruggles v. People, 91 Iil., 256, 107. 


oy bl 


7 


> 
4 


FE ee ey ee aS EO a EO EN ee oD 


TABLE OF CASES 211 


_ Russel et al., Fergus et al. v., 270 Ill., 304 (318), 116, 117, 118, 


125, 129, 132. 


Russel, Fergus v., 277 Iil., 20, 116. 

Russell, People v., 245 Iil., 268, 106. 

_ RBussell v. High School Board of Education e¢ al., 212 Iil., 327, 150. 
_ Ryan v. Lynch et al., 68 Til., 160, 55, 56, 57. 


~ Sage, Rock Island County v., 88 JIl., 582, 79. 


‘St. Clair and Monroe Levee and Drainage Company e¢ al., Har- 
ward e al. v., 51 Iil., 130, 83. 

St. Clair, County of, e¢ al., Mills et al. v., 2 Gilman (7 IIl.), 197, 
41. 

St. John, City of Hast St. Louis v., 47 Iil., 463, 88. 

‘St. Louis, Alton and Terre Haute Railroad Company e¢ al. v. 

Belleville City Railway Company, 158 Iil., 390, 156. 


St. Louis, Alton, and Terre Haute Railroad Company, People ez 


rel. v., 776 Il., 512, 159. 
St. Louis and Southeastern Railway Company v. Lux, 68 Jil., 523, 
72. 
St. Louis, City of, et al., People v., 5 Gilman (10 Iil.), 351, 35. 
Salomon, People e¢ al. v., 51 IIl., 37, 83. 
Salomon, People ez rel. v., 46 IIl., 333, 82. 


_ Sanderson, Rose e¢ al. v., 38 Ill., 247, 87. 


Sanitary District of Chicago, Gaylord v., 204 Iil., 576, 107. 
Sanitary District of Chicago v. Ray, 199 Iil., 63, 120. 

Sarah v. Borders, 4 Scammon (5 IIl.), 341, 39. 

Sargent, People v., 254 Ill., 514, 115. 

Sawyer v. City of Alton, 3 Scammon (¥4 Iil.), 127, 27, 48. 
Scammon, Commercial Insurance Company v., 123 IIl., 601, 105. 
Scammon et al. v. City of Chicago, 44 IIl., 269, 82, 83. 

Schnell et al. v. City of Rock Island et al., 232 Iil., 89, 150. 


_ Schoeberlein, City of Aurora v., 230 IIl., 496, 108. 


g School Directors of District Number 13 v. People ez rel., 79 Iil., 


fo 311- 192- 
Schusselle e¢ al., Morgan et al. v., 228 Iil., 106, 149. 


_ Schuyler ez al., Bruce v., 4 Gilman (9 Iil.), 221, 26, 35, 41, 42, 43. 


Schuyler et al., Rhinehart v., 2 Gilman (7 IIl.), 473, 26, 41, 48. 


212 ‘ILLINOIS HISTORICAL COLLECTIONS 


Scown v. Czarnecki et al., 264 Ili., 305, 148. ae 

Senichka v. Lowe, 74 Ill., 274, 108. | << 

Sennott, County of Cook v., 136 Jil., 314, 149, 154. 

Shaw et al. v. Hill et al., 67 Iil., 455, 168. 

Shaw v. Dennis, 5 Gahhat (10 Ill.), 405, 83. “em 

Shellabarger Elevator Company v. [llinois Central Railroad Com- A 4 
pany, 278 I7l., 333, 162, 163. as 

Sherlock et al. v. Village of Winnetka, 68 III., 530, 84, 148, — 

Silliman et al., Marshall e¢ al. v., 61 Ill., 218, 52, 84, 149. 

Silver v. People ex rel., 45 Ill., 224, 52. 

Simpson Construction Company, Courter v., 264 IIl., 488, 133. 

Smith, Diversey v., 103 Jll., 378, 84. 

Smith, People ex rel. Thrasher v., 275 IIl., 256, 105. 

Smith, People ex rel. v., 51 Ill., 177, 72. 

Smith v. Bryan, 34 Jll., 364, 85, 157. 

Snively e¢ al., Burke v., 208 Iil., 328, 167. 

Solomon, People v., 265 Jil., 28, 120. 

Solomon v. People, 15 I7l., 291, 72. 

Soulard et al., Lane v., 15 Il., 123, 86. 

Spencer et al., City of Ottawa v., 40 Ill., 211, 81. ee ne 

Sperry et al., Kingsbury v., 119 Til., 279, 119. ee 

Spies et al. v. People, 122 Iil., 1 (262), 106. 

Spragins v. Houghton, 2 Scammon (8 IIl.), 377, Aer 

Springer, Mayer v., 192 Jil., 270, 161. 

Standidge v. Ohicass Railways Company, 254 Iil., 524, 105. 

Stark, County of, Johnson v., 24 Ill. 75, 60, 83. = lag 

Starkey v. People, 17 Iil., 17%, 106. 3 

Starne, People ez rel. v., 35 Ill., 121, 55, 56, 57, 114. 

Starne v. People, 222 Ill., 189, 120, 122. 

State Board of Agriculture, Minear v., 259 Iil., 549, 121. 

State Board of Agriculture v. Brady et al., 266 Ill., 592, 182. a) 

State Board of Dental Examiners, People v., 278 Ill., 144, 114. a 

State Contracts, Commissioners of, Burritt v., 120 III, 322, 114, 
116. 

State of Illinois v. Illinois Central Railroad Company, 246 Til. 
188, 165. 

State of Iowa v. State of Illinois, 147 U. S., 1, 104. 


a a 


> 


TABLE OF CASES 213 


State Public Utilities Commission ex rel. v. Romberg, 275 IIl., 
432, 120. 

State Public Utilities Commission v. Monarch Refrigerating Com- 
pany, 267 Jil., 528, 161. 


Stead et al. v. President and Trustees of the Commons of Kaskas- 


kia, 243 Iil., 239, 41, 85. _ 

Stearns et al., Young et al. v., 91 IIl., 221, 133, 136. 

Stebbins v. Perry County, 167 Jil., 567, 165. 

Stein et al. v. Meyers, 253 Jil., 199, 173. 

Stephan et al., Manowsky v., 233 JIl., 409, 118. 

Stevenson et al., Garrett v., 3 Gilman (8 IIl.), 261, 35. 

Stevenson, People v., 281 Jil., 17, 164. 

Steward et al., People ex rel. v., 249 Iil., 311, 105. 

Stokes, People v., 281 Jil., 159, 104, 118. 

Stone v. City of Chicago, 207 Jll., 492, 150. 

Stone v. People, 2 Scammon (3 Iil.), 326, 41. 

Storey v. People, 79 Jil., 45, 105. 

Stow v. People, 25 Ill., 81, 72. 

Strassheim, People ex rel. v., 240 Iil., 279, 112, 148. 

Strobel, Lavalle v., 89 Iil., 370, 41. 

Strode v. Broadwell, 36 Jil., 419, 89. 

Strong v. Digman, 207 IJIl., 385, 119. 

Stuart et al., People v., 97 Iil., 123, 128. 

Suffern et al., Chicago and Alton Railroad Company v., 129 IIL., 
274, 162. 

Supreme Court Judges, Correspondence between Governor and, 
248 Iil., 9, 108, 142. 

Supreme Lodge v. Board of Review of Effingham County, 223 IIl., 
54, 146. 

Swedish-American Telephone Company et al. v. Fidelity and_ 
Casualty Company of New York, 208 Iil., 562, 105. 

Sweet et al., West Chicago Park Commissioners v., 167 IIl., 326, 

- 148. 


Switzer et al., Hoag v., 61 Jil., 294, 88. 


Sweitzer, Helliwell et al. v., 278 Ill., 248, 154. 
Sweitzer, People v., 280 IIl., 436, 137. 
Swigert, Dupee ez al. v., 127 Iil., 494, 157, 158. 


214 ILLINOIS HISTORICAL COLLECTIONS 


Taylor et al., People ex rel. v., 257 Ill., 192, 112, 148. 

Taylor, Frew v., 106 Ill., 159, 147. 

Taylor, People ex rel., 1 Scammon (2 Iil.), 201, 86. 

Taylor, People v., 257 Iil., 192, 144. 

Taylor v. Thompson eé¢ al., 42 IIl., 9, 88. 

Tazewell County, Supervisors of, e¢ al., Prettyman v.; 19 IIl., 406, 
52, 60. 

Terminal Railroad Association of St. Louis, Larkins v., 221 Jil, 
428, 105. 

Thompson et al., Taylor v., 42 Ill., 9, 83. 

Thompson, People ea rel. v., 155 Ill., 451, 111. 

Thompson, Peoria and Springfield Railroad Company v., 103 Iil., 
187, 160. . 

Thompson, Rouse v., 228 Iil., 522, 108, 109, 112, 115, 143. 

Thompson v. People, 144 Iil., 378, 106. 

Thompson et al., Roberts v., 28 Ill., 79, 52. 

Timm v. Harrison, 109 JIl., 593, 115. 

Tissier v. Rhein, 130 J/l., 110, 141. 

Toledo, Peoria, and Warsaw Railway Company v. Pence, 68 Iil., 
524, 159. 

Tolono, Village of, et al., Craw etal. v., 96 Iil., 255, 148. 

Town, see under name of town. 

Townsend v. Chicago and Alton Railroad Company, 91 IIl., 545, 
88. 

Tribune Company, City of Chicago v., 248 Ill., 242, 145. 

Trumbo et al., Nesbitt v., 39 J7l., 110, 87. 

Tucker v. People, 122 Ill., 583, 106. 

Turner, People ex rel. v., 55 Ill., 280, 86. 

Tuttle et al. v. Wilson, 24 Iil., 553, 42. 

Tyler et al., Reed et al. v., 56 Iil., 288, 88, 108. 


Underhill, Williams v., 58 Jil., 137, 83. 

Union Central Life Insurance Company v. Durfee, 164 Iil., 186, 
146. 

Union Consolidated Elevated Railway Company, People v., 263 
Til., 32, 160. 

Union Elevated Railroad Company, People v., 269 Ill., 212, 160. 


TABLE OF CASES 215 


Union Stock Yard and Transit Company, Freitag v., 262 Jll., 551, 
136. ; 

University of Illinois, Board of Trustees of, North v., 137 IIl., 
296, 104. 

Updike v. Wright, 81 Iil., 49, 122, 148. 

Urbana, First National Bank of, v. Holmes et al., 246 IIl., 362, 

146. 


Vance et al. v. Funk, 2 Scammon (3 Iil.), 263, 35. 

Van Cleave et al., German Alliance Insurance Company et al. v., 
191 Iil., 410, 121. 

Van Nada et al. v. Goedde et al., 263 Ill., 105, 148. 

Vandalia Railroad Company, Alton and Southern Railroad Com- 
pany v., 268 Ill., 68, 160. 

Venner v. Chicago City Railway Company, 258 Jil., 523, 159. 

Vermilion, County of, v. Knight, 1 Scammon. (2 Iil.), 97, 44. 

Village, see under name of village. 

Vittum, Pearce v., 193 Iil., 192, 114. 


Wabash Railroad Company v. Coon Run Drainage and Levee Dis- 
trict, 194 Ill., 310, 107. 

Wabash, St. Louis, and Pacific Railway Company, Wright et al. v., 
120 Iil., 541, 148. 

Wait et al., Mason v., 4 Scammon (6 IIl.), 127, 26. 

Waldo et al., Williams v., 3 Scammon (4 Iil.), 264, 42. 

Walker-Gordon Laboratory Company, Horwich e¢ al. v., 205 TIl., 
497, 118. 

Wall et al. v. Pfanschmidt et al., 265 Ill., 180, 107. 

Wall, People v., 88 Jil., 75, 137. 

Ward v. Farwell et al., 97 Til., 593, 105. 

Ware v. Nottinger, 35 I1l., 375, 87. 

Warfield, People ex rel. v., 20 Iil., 159, 80. 

Washingtonian Home of Chicago v. City of Chicago, 157 Ill., 414, 
165. 

Watt v. People, 126 Til., 9, 106. 


Waugh v. Glos et al., 246 Ill., 604, 142. 
17 H.C 


216 ILLINOIS HISTORICAL COLLECTIONS 


Wayman et al., Ritchie and Company et al. v., 244 IIl., 509, 104. 

Weer v. Hahn, 15 Jil., 298, 838. 

Wehrung, City of East St. Louis v., 46 IIl., 392, 82, 83. 

Weider, Board of Supervisors of Livingston County v., 64 I1l., 427, 
84. 

Weir, Arenz v., 89 IIl., 25, 84. 

Weis et al., People ez rel. v., 275 Ill., 581, 119, 120. 

Wells, City of Chicago v., 236 Iil., 129, 104. 

Welsh, James, im re, 17 Iil., 161, 76. 

West Chicago Park Commissioners, Crane et al. v., 153 Iil., 348, 
148. . 

West Chicago Park Commissioners, Hart Brothers e¢ al. v., 186 
Iil., 464, 138. ; 

West Chicago Park Commissioners v. Sweet et al., 167 Iil., 326, 
148. 

West Chicago Park Commissioners v. Western Union Telegraph 
Company et al., 103 Ill., 33, 148. 

West v. People, 137 Jil., 189, 106. 

Western Steel Car and Foundry Company, Josma v., 249 Iil., 508, 
104.. 

Western Union Telegraph Company e¢ al., West Chicago Park 
Commissioners v., 103 Iil., 33, 148. 

Westfall, Franklin v., 273 Ill., 402, 148. 

Wetherell v. Devine, 116 Jil., 631, 148. 

Weyrich v. People, 89 Ill., 90, 106: 

Wheeler v. Chubbuck, 16 I7/., 361, 57. 

White ez al. v. People, 90 I7l., 117, 106. 

White, Plumleigh v., 4 Gilman (9 IIil.), 388, 36. 

White v. People ex rel., 94 Ill., 604, 838. 

Whitesides v. People, Breese (1 Iil.), 21, 37. 

Whittemore, et al., People v., 253 Iil., 378, 130, 181. 

Whittemore v. People, 227 Jil., 453, 116, 117, 131. 

Wiant, People ex rel. v., 48 Ill., 263, 80. 

Wider et al. v. City of East St. Louis eé al., 55 Iil., 1383, 838. 

Wightman v. Wightman, 45 Jil., 167, 89. 

Wilcox et al. v. People ex rel., 90 Iil., 186, 127. 

Wilcox, People v., 237 Til., 421, 119. 


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TABLE OF CASES 217 


Will, County of, et al., Donahue v., 100 Ill., 94, 128. 


- Willard v. People, 4 Scammon (5 Iil.), 461, 38. 


Williams, City of Chicago v., 254 Iil., 360, 124, 142. 


- Williams, People ez rel. v., 51 Iil., 63, 88. 


Williams, People v., 232 Iil., 519, 155. 

Williams v. People ex rel., 132 Ill., 574, 165. 

Williams v. Underhill, 58 Jil., 137, 83. 

Williams v. Waldo et al., 3 Scammon (+4 IIl.), 264, 42. 
Wilson, People v., 15 IIl., 388, 74. 

Wilson, Tuttle et al. v., 24 Til., 553, 42. 


‘Wilson v. Board of Trustees of the Sanitary District of Chicago 


et al., 133 Ill., 443, 122, 149, 150. 

Wilson v. Rockford, Rock Island, and St. Louis Railroad Com- 
pany, 59 IIl., 273, 88. 

Winget et al. v. Quincy Building and Homestead Association, 128 
Til., 67, 119. 

Winnetka, Village of, Sherlock e al. v., 68 Iil., 530, 84, 148. 

Witter v. County Commissioners of Cook County eé al., 256 Til., 
616, 108, 132. 

Wolf e¢ ai., City of Chicago v., 221 Iil., 130, 117, 131, 149. 

Wolf v. Hope, 270 Iil., 50, 149. 

Wood v. Blanchard, 79 Jil., 38, 52, 91. 


- Worthington, People v., 21 Jil., 171, 81. 


Wren, Illinois Central Railroad Company v., 48 Iil., 77, 55. 


_ Wright e¢ al. v. Wabash, St. Louis, and Pacific Railway Company, 


120 Iil., 541, 148. 
Wright, People ex rel v., 70 Iil., 388, 115. 
Wright, Updike v., 81 Iil., 49, 122, 148. 
Wulff v. Aldrich, 124 Jil., 591, 155. 
Wunderle e¢ al. v. Wunderle, 144 Jil., 40, 120. 
Yeazel v. Alexander e¢ al., 58 Iil., 254, 52. 
Yost e¢ al., Plummer et al. v., 144 Ill., 68, 148, 144, 145. 
Young e¢ al. v. Stearns et al., 91 IUl., 221, 183, 136. 


Accusation, see offenses. 

Acts, see general assembly. 

Adjournment of general assembly, 
limitations, art. 4, sec. 10; pow- 
ers of governor, art. 5, sec. 9. 

Aid, municipal: railroads or pri- 
vate corporations, separate sec. 
3; sectarian institutions or pur- 
poses, art. 8, sec. 3; 

state, art. 4, sec. 20: rail- 

roads or canals, separate sec. 
4; sectarian institutions or pur- 
poses, art. 8, sec. 3. 

Amendment of laws, see general 
assembly. 

Amendments to constitution, con- 


INDEX TO CONSTITUTION OF 1870* 


(References are to séctions and articles.) 


cuit, art. 6, sec. 11; county, art. 
6, sec. 19; supreme, art. 6, sec. 
8; 

criminal cases, Cook county, 
art. 6, sec. 26. 


Appellate courts, see courts. 


Appointments, see general assem- 
bly, governor. 


Apportionment, judicial, art. 6, 
sec. 5; sematorial, art. 4, sec. 
6. 


Appropriations, deficiency, art. 4, 
sec. 18, 19; diversion, art. 4, 
sec. 17; expenditure of by audi- 
tor’s warrant, art. 4, sec. 17; ex- 


ventions, art. 14, sec. 1; legisla- piration, art. 4, sec. 18; general 
tive proposals, art. 14, sec. 2. — assembly must make, art. 4, sec. 

Appeals and writs of error, courts: 18; governor may veto items, 
appellate, art. 6, sec. 11; cir- art. 5, sec. 16; 


+The Constitution of 1870 contains five separate sections. Four of 
these separate sections were submitted and adopted at the same time 
as the complete constitution. The separate section relating to convict 
labor was adopted as an amendment to the constitution in 1886. Under 
the terms of section 12 of the schedule the separate section relating 
to minority representation, if adopted, was to be substituted for sec- 
tions 7 and 8 of ariicle rv. 

While the original separate sections are not designated by numbers 
it has been deemed necessary for the purposes 6f this index, to number 
them. In this index the separate section relating to the Illinois Cen- 
tral railroad is designated as separate section 1; the separate section 
relating to minority representation is considered separate section 2; 
that relating to municipal subscriptions to railroads or private corpor- 
ations is designated separate section 3; that relating to the canal as 
separate section 4; and that relating to convict labor as separate sec- 
tion 5. 

In the text of the Constitution of 1870, as it appears in this volume, . 
the separate section relating to minority representation, having been 
adopted, appears as sections 7 and 8 of article Iv, and in this index 
all references concerning minority representation are made to sections 
7 and 8 of article rv.. But, since the section relating to minority repre- 
sentation, in the original document, appears as the second separate 
section, it was thought best, in dealing with the separate sections, to 
permit that section to be considered as separate section 2 and to desig- 
nate the following separate section as separate section 3. 


221 


“a 


222 ILLINOIS HISTORICAL COLLECTIONS _— 


how made: by law, art. 4, sec. 
17; items and sections, art. 5, 
sec. 16; private laws, art. 4, sec. 
16; how to increase aggregate, 
art. 4, sec. 18; in aid of canals, 
separate sec. 4; revenue not to 
be exceeded, art. 4, sec. 18; 
Salaries of state officers, art. 4, 
sec. 16. 


Army, see militia. 

Arrest, general assembly, mem- 
bers of, privileges, art. 4, sec. 
14. 

Assembly, peaceable, right of, se- 
cured, art. 2, sec. 17. 


Attorney-general, duties, art. 5, 
sec. 1; election, art. 5, sec. 3; 
eligibility to other offices, art. 
5, sec. 5; report to governor, 
art. 5, sec. 20, 21; residence at 
capital, art. 5, sec. 1; salary, 
art. 5, sec. 23; term of office, 
art. 5, sec. 1; vacancy, art. 5, 
sec. 20. 

Auditor of public accounts, duties, 
art. 5, sec. 1; election, art. 5, 
sec. 3; eligibility to other offi- 
ces, art. 5, sec. 5; 


general assembly: computes 


mileage of members, art. 4, sec. - 


21; duty to report expenses of, 
art. 4, see. 17; report to gover- 
nor, art. 5, sec. 20, 21; resi- 
dence at capital, art. 5, sec. 1; 
salary, art. 5, sec. 23; term of 
Office, art. 5, sec. 1; Vacancy, 
art. 5, sec. 20. 


Bail, see offenses. 

Ballot, see suffrage. 

Banks, banking corporations, laws 
authorizing formation, submis- 
sion to people, art. 11, sec. 5; 

of issue: deposit of security, 
art. 11, sec. 8; suspension of 
specie payment, art. 11, sec. 7; 
state bank, art. 11, sec. 5; 
state, financial interest in, art. 


11, see. 5; statements, art. 11, 
sec. 7; 
stockholders: liability, art. 


11, sec. 6; registry, art. 11, sec. 


8. 
Bill of rights, art. 2. 
Bills, see general assembly. 


‘ a 


Blood, effect of conviction on cor- 


ruption of, art. 2, see. 11. 


Board of county commissioners, a 


see counties. 
Boundaries, state, art. 1. 


Canals, credit of state, in aid of, 


separate sec. 4; 

deep waterway: bonds in aid 
of, separate sec. 4; power from, 
leasing of, separate sec. 4; 


Illinois and Michigan canal, 
sale or lease of, separate sec. 4. 


Capital stock, municipal subscrip- 
tions, separate sec. 3; ‘ 
railroads: fictitious increase, 
art. 11, sec. 13; how increased, 
art. 11, sec. 13; 
1) sec: 9: 
Capitol, expenditure for, art. 4, 
sec. 33. 
Chicago, debt limit, art. 4, sec. 34; 


special legislation on local £Ov- 


ernment of, art. 4, sec. 34; 


municipal courts, art. 4, sec. 34. 
Chief justice, circuit and superior 
courts in Cook county, art. 6, 


sec. 24; supreme court, art. 6, 
sec. 2. 

Circuit courts, see courts. 

City courts, see courts. 

Civil power, military subordinate, 
art. 2, sec. 15. 

Claims, against state, when void, 


art. 4, see. 19. 


Clerks, county, term and election, 


art. 10, sec. 8; 

courts of record, Cook county: 
assistants’ 
10, sec. 9; assistants’ number, 
art. 10, sec. 9; 
sec. 32; election, art. 6, sec. 27; 
removal, 
dence, art. 6, sec. 32; salaries, 
art. 10, sec. 9; terms, art. 6, 
sec. 27, 32; vacancies, art. 6, 
sec. 32; 

courts of record, in general: 
circuit, term and election, art. 
10, sec. 8; 
sec. 10; commissioned by gover- 


nor, art. 6, sec. 29; county, term — 


and election, art. 6, sec. 18; re- 


moval, art. 6, sec. 30; residence, 
art. 6, sec. 32; salaries, art. 10, — 
sec. 10; supreme, term and elec- 


transfer, art. 


compensation, art. : 
duties, art. 6, 


art. 6, sec. 30; resi- 


clerk hire, art. 10, | 


. 


ee Ge NRL En Oe ee 


ue 
2 
: 


bs lel el 


INDEX ; 223 


tion, art. 6, sec. 10; terms, art. 
6, sec. 32; vacancies, art. 6, sec. 
32. 
Committee of the whole, open ses- 
sion, art. 4, sec. 10. 
Common earriers, see railroads. 
Commutation, see pardons, reve- 
nue. 
Compensation, see claims, eminent 
domain, fees and salaries. 
Conscience, see religion. 
Consolidation, see railroads. 
Constables, see justices of the 
peace and constables. 
Constitutional amendments, see 
amendments to constitution. 
Contempt, see general assembly. 
Contracts, county, art. 4, sec. 15; 
laws impairing obligation, art. 
2, sec. 14; school, art. 8, sec. 4; 
state, art. 4, sec. 15; supplies for 
state, art. 4, sec. 25. 
Convention, see amendments to 
constitution. 
Convict labor, separate sec. 5. 
Coroner, see county officers. 
Corporations, art. 11; how direc- 
tors are elected, art. 11, sec. 3; 
municipal subscriptions and aid, 
separate sec. 3; 
organization: general law, 
art. 11,sec. 1; special law, art. 
wie sees 1,2; 
right of street railways to 
use streets, art. 11, sec. 4. See 
banks, railroads. 
Corruption of blood, see blood. 
Counties, board of commissioners, 
Cook county, art. 10, sec. 7; 
board of county commission- 
ers: duties, art. 10, sec. 6; elec- 
tion, art. 10, sec. 6; term, art. 
10, sec. 6; . 
boundaries, art. 10, sec. 1; 
division, art. 10, sec. 2, 3; effect 
of formation of new or division 
on indebtedness, art. 10, sec. 3; 
formation of new, art. 10, sec. 1; 
power to levy taxes, art. 10, sec. 
8; county seats, removal, art. 
10, sec. 4; 
township organization: effect 
of adoption, art. 10, sec. 5; how 
discontinued, art. 10, sec. 5; 
names of townships, art. 10, sec. 


5; township meetings, art. 10, 
sec. 5. 

County officers, Cook county, as- 
sistants: compensation, art. 10, 
sec. 9; number, art. 10, sec. 9; 
election, art. 10, sec. 8; salaries, 
art. 10, sec. 9; terms, art. 10, 
sec. 8; 

in general: clerk hire, art. 10, 
sec. 10; eligibility for reélection, 
art. 10, sec. 8; enumerated, art. 
10, sec. 8; expenses, art. 10, sec. 
10; salaries, art. 10, sec. 10; 
terms, art. 10, sec. 8. 

County seats, see counties. 

County superintendent of schools, 
compensation, art. 8, sec. 5;- 
duties, art. 8, sec. 5; election, 
art. 8, sec. 5; powers, art. 8, 
sec. 5; qualifications, art. 8, sec. 
5; terms, art. 8, sec. 5. 


County treasurer, see county offi- 
cers. 


Courts, appellate: appeals and 
writs of error, art. 6, sec. 11; 
authorized, art. 6, see. 11; dis- 
tricts, art. 6, sec. 11, uniformity 
of organization and jurisdic- 
tion, art. 6, sec. 11; 

circuit: additional terms, art. 
6, sec. 14; appeals and writs of 
error, art. 6, sec. 11; effect of 
alteration of circuits, art. 6, Sec. 
18; judicial power vested in, 
art. 6, sec. 1; jurisdiction, art. 
6, sec. 12; power of general as- 
sembly on alteration of circuits, 
art. 6, sec. 13, 15; method of 
changing, art. 6, sec. 14; num- 
ber, art. 6, sec. 12; 

circuit, Cook county: addi- 
tional judges, art. 6, sec. 23; 
branches, art. 6, sec. 24; chief 
justice, art. 6, sec. 24; number, 
art. 6, Sec. 23; 

city, judicial power vested in, 
art. 6, sec. 1; 

county: appeals and writs of 
error, art. 6, sec. 19; districts 
of more than one county, art. 
6, sec. 18; judicial powers vested 
in, art. 6, sec. 1; jurisdiction, 
art. 6, sec. 18; 


criminal, Cook county: 


224 


Debt, 


judges, art. 6, sec. 26; jurisdic- 
tion, art. 6, sec. 26; 

in general: eligibility of 
judges, art. 6, sec. 17; organiza- 
tion, jurisdiction, powers, pro- 
ceedings and practice, uniform- 
ity, art. 6, sec. 29; 

municipal, in Chicago, art. 4, 
sec. 34; : 

probate: authorized, art. 6, 
sec. 20; jurisdiction, art. 6, sec. 


20; 


superior, Cook county: addi- 
tional judges, art. 6, sec. 23; 
branches, art. 6, sec. 24; chief 
justice, art. 6, sec. 24; number 
of judges, art. 6, sec. 23; 

supreme: alteration of dis- 
tricts, art. 6, sec. 4, 5; appeals 
and writs of error, art. 6, sec. 
8, 11; apportionment of dis- 
tricts, art. 6, sec. 5; chief 
justice, art. 6, sec. 2; decisions, 
art. 6, sec. 2; districts estab- 
lished, art. 6, sec. 5; grand di- 
visions, art. 6, sec. 4, 5; juris- 
diction, art. 6, sec. 2; quorum, 


art. 6, sec. 2; reporter of deci- 


sions, art. 6, sec. 9; terms, art. 
6, sec. 4. See clerks, judges. 


Criminal offenses, see offenses. 
Cumulative voting, 


directors of 
corporations, art. 11, sec. 3; 
house of representatives, art. 4, 
sec. 7, 8. 


imprisonment for, art. 2, 
sec, 12. See indebtedness. 


Deep waterway, see canals. 
Delegates to constitutional con- 


vention, election, art. 14, sec. 1; 
number, art. 14, sec. 1; oath, 
art. 14, sec. 1; qualifications, 


- art. 14, sec. 1; vacancies, art. 


14, see. 1. 


Departments, see government. 
Directors, corporations, how 


elected, art. 11, sec. 3; railroads, 
art. 11, sec. 11. 


Discrimination, railroad rates, 


art. 11, sec. 15; 


2 


2, sec. 3. 


religious, art. 


Disqualification, see office. 
Distribution of powers, art. 3. 
Districts, drainage, art. 4, sec. 31. 


See courts, justices of peace 


and constables, se 
tricts. 
Drainage, art. 4, : BEC. 2 


Education, alten 
tendent of si 
5; donations, 
schools, art. . By 
contracts, art, 8, sec. < 
an institutions, 2 8, 


sec. 18; judge of 
members of general 
art. 4, sec. 9; 

_ State Pe 


and constables, lieu’ 
ernor, secretary of 
treasurer, state’s atto: 
perintendent of publi 
tion. ‘ 

Elevators, see warehouses. 

Emergency laws, art. 4, see. 1: 

Eminent domain, com’ j 
jury to ascertain, art. 
owners of private prop 
taken or damaged for f 
use are entitled to, art. = a 
poi 13 


railroads: fee of land 
by, to remain in owners, 
sec. 13; jury to ascertain, 
pensation, art. 11, sec. ; 
ject to, art. 11, sec. 1 
Employment, defined, 
24, 
Enacting clause, art. 4, sec. 
English language, see proceed 
Executive department, art. 
officers constituting, art. ‘by 
ef: 
Executive power, exer¢ 
executive department 
oe oe ‘ 
Exemption laws, see homes 
and exemption laws. 
eye iewee Fa ee 


4, sec. 17; general assembly to 
appropriate for government, 
art. 4, sec. 18. 

Ez post facto laws, art. 2, sec. 14. 


ra Expulsion, members of general as- 
<> sembly, art. 4, sec. 9. 

= Extortion, railroad rates, art, 11, 
e. sec, 15. 

a Fees, classification of counties for 


u- purpose of fixing, art. 10, sec. 
Sr 12; county and township offi- 
Jah cers, art. 10, sec. 11, 12; dis- 
position of, art. 5, sec. 23; art. 
10, sec. 9, 10; duty of officers 
collecting to report, art. 5, sec. 
20; art. 10, sec. 13; regulated 
by general law, art. 10, sec. 11, 
12; uniformity, art. 10, sec. 11, 
12. See claims, compensation. 


Fees and salaries, alteration dur- 

ing term of office, art. 4, sec. 
= 21; art. 5, sec. 23; art. 6, sec. 
ae: 7, 16, 25; art. 9, sec. 11; art. 10, 
en sec. 10; classification of counties 
ere for purpose of fixing, art. 10, 
sec. 10. See attorney-general, 
auditor of public accounts, 
Fr clerks, county officers, county 
a superintendent of schools, gen- 
, eral assembly, governor, judges, 
5 justices of peace and con- 
stables, lieutenant governor, 
Secretary of state, state treas- 
urer, state’s attorneys, super- 
intendent of public instruction. 


Forfeiture, effect of conviction of 
estate, art. 2, sec. 11; railroads 
subject to, art. 11, sec. 15. 


Franchise, appeals and writs of 
error in cases involving, art. 6, 
sec. 11; railroads, subject to 


3 forfeiture, art. 11, sec. 15. 

4 General assembly, adjournment, 
te art. 4, sec. 10; art. 5, sec. 9; 

; - appointments: confirmation 


by senate, art. 5, sec. 10, 11; 
eligibility to, art. 4, sec. 15; 
power of, art. 5, sec. 10; 

bills: amendments, art. 4, sec. 
12; entry of yeas and nays on 
journal for final passage, art. 
4, sec. 12; manner of voting on, 


a 


INDEX 225 


art. 4, sec. 12; origin, art. 4, 
sec. 12; printing, art. 4, sec. 
13; reading, art. 4, sec. 13; re- 
jection by either house, art. 4, 
sec. 12; signature of speaker in 
pill, art. 4, sec. 18; veto, art. 5, 
sec. 16; vote required for final 
passage, art. 4, sec. 12; yeas 
and nays, art. 4, sec. 12; 

branches, art. 4, sec. 1; debts, 
may contract, art. 4, sec. 18, 19; 
power to punish, contempt, art. 
4, sec. 9; 

house of representatives: 
election of members, art. 4, 
sec. 2, 7, 8; elective, art. 4, 
sec. 1; number of members, art. 
4, sec. 7, 8; presiding officer of 
opening session, art. 4, sec. 9; 
terms of members, art. 4, sec. 
7, 8; journal, art. 4, sec. 10; 


laws: amendment by refer- 
ence, art. 4, sec. 13; emergency, 
art. 4, sec. 13; operative, art. 4, 
see. 13; revivification by refer- 
ence, art. 4, sec. 13; style, art. 
4, sec. 11; subject, art. 4, sec. 
18; title, art. 4, sec. 13; lieu- 
tenant governor; 

members: disqualifications, 
art. 4, sec. 4; election, returns, 
and qualifications, judgment of, 
art. 4, sec. 9; elections, art. 4, 
sec. 2, 6, 7, 8; expulsion, art. 
4, sec. 9; interest in state and 
county contracts, art. 4, sec. 
15, 25; mileage, art. 4, sec. 21; 
oath, art. 4, sec. 5; privileges, 
art. 4, sec. 14; protest, right of, 
art. 4, sec. 10; qualifications, 
art. 4, sec. 3; right to have yeas 
and nays recorded, art. 4, sec. 
10; salary, art. 4, sec. 21; offi- 
cers of, how chosen, art. 4, sec. 
9; quorum, art. 4, sec. 9; rules 
of proceedings, art. 4, sec. 9; 
minority representation, art. 4, 
sec. 7, 8; 


senate: election of members, 
art. 4, sec. 2, 6; elective, art. 4, 
sec. 1; number of members, art. 
4, sec. 6; president, art. 5, sec. 
18; pro tempore presiding offi- 
cer, art. 5, sec. 18; temporary 


a26 


president, art. 4, sec. 9; terms, 
art. 4, sec. 6; 

sessions: open, art. 4, sec. 10; 
special, art. 5, sec. 8; time of, 
art. 4, sec. 9; 

yeas and nays, art. 4, sec. 10, 
12; art. 5, sec. 16. See appro- 
priations, lieutenant governor, 
minority representation. 

Government, powers, division of, 
art. 3; principles, recurrence to, 
art. 2, sec. 20. 

Governor, appointments, art. 5, 
sec. 10, 11; approval of con- 
tracts for supplies, art. 4, sec. 
25; army and navy, commander 
in chief, art. 5, sec. 14; duties, 
art. 5, sec. 1; election, art. 5, 
sec. 3; eligibility to other offi- 


ces, art. 5, sec. 5; executive 
power, art. 5, sec. 6; 
general assembly: adjourn- 


ment of, art. 5, sec. 9; furnishes 
estimates of money needed, art. 
5, sec. 7; message to, art. 5, sec. 
7; reports to, art. 5, sec. 7; 
special session of, art. 5, sec. 8; 
vacancies, writs of election, duty 
to issue, art. 4, sec. 2; 
impeachment, art. 5, sec. 15; 
lieutenant governor’s duties, 
art. 5, sec. 17; pardons, art. 5, 
sec. 13; president of senate to 
act as, art. 5, sec. 19; power to 
remove officers of, art. 5, sec. 


12; qualifications, art. 5, sec. 5; - 


residence at capital, art. 5, sec. 
1; salary, art. 5, sec. 23; speaker 
of the house to act as, art. 5, 
sec. 19; term of office, art. 5, 
sec. 1; veto, art. 5, sec. 16. 

Grain, duties of railroads as to 
shipments of, art. 13, sec. 4, 5; 
inspection, art. 13, sec. 7; pro- 
tection of producers and ship- 
pers, art. 18, sec. 7. 

Grand jury, abolition of, art. 2, 
sec. 8; indictment by, art. 2, 
sec. 8. 


Habeas corpus, suspension of writ 
of, art. 2, sec. 7. 

Happiness, pursuit of, art. 2, sec. 
1. 

Highways, see roads and high- 

ways. 


ILLINOIS HISTORICAL COLLECTIONS 


Homestead and exemption laws, " 
duty of general assembly — to 
pass, art. 4, sec. 32. 

House of representatives, see gen- 
eral assembly. 


Illinois Central Railroad, separate 
sec. 1. 

Impeachment, civil officers, art. 
5, sec. 15; conviction, art. 4, 
sec. 24; governor, art. 5, sec. 
15; procedure, art. 4, sec. 24. 

Imprisonment, contempt in gen- — 
eral assembly, punished by, art. 
4, sec. 9. See debt. f 


Indebtedness, Chicago, art. 4, sec. 


34; effect of alteration of county ~ 
boundaries, art. 10, sec. 3; limi- 


tations on municipal corpora- 


tions, art. 9, sec. 12, 13; . 
property in municipal corpo- 
rations: 
interest and principal, art. 9, 
sec. 12; liability for, art. 9, sec. 
10; release of, art. 4, see. 23; 
art. 9, sec. 6; sale for, art. 9, 
sec. 10; : 
state: power to contract, art. 
4, sec, 18, 19; release of, art 
4, sec. 23; art. 9, sec. 6. 
Indictment, see grand jury. 


Injuries, remedy should be pro 


vided, art. 2, sec. 19. 
Insurrection, suspension of writ 


of habeas corpus, art. 2; Sec. War anae 


suppression of: debts may be 


contracted, art. 4, sec. 18, 19; ~~ 
governor may call militia, art i 


5, sec. 14. 
Invasion, see insurrection. 
Jeopardy, art. 2, sec. 10. ue 
Journal, see general assembly. — 
Judges, appellate courts: 
art. 6, sec. 11. 
circuit courts: duties, art. 6, 
sec. 16, 32; election, art. 6, sec. 
13, 15; eligibility, art. 6, sec. 
17; residence, art. 6, sec. 32; 
salary, art. 6, sec. 16; terms, 
art. 6, sec. 12; vacancies, art. 
6, sec. 32. 
circuit courts, Cook county: 
duties, art. 6, sec. 16, 32; elee- 
tion, art. 6, sec. 23; eligibility, 
art. 6, sec. 17; residence, art. 6, 


duty to levy taxes for 


salary, if 


INDEX 227 


sec. 32; salary, art. 6, sec. 25; 
term, art. 6, sec. 23; vacancies, 
art. 6, sec. 32. 
- eounty courts: duties, art. 6, 
sec. 32; election, art. 6, sec. 18; 
art. 10, sec. 8; eligibility, art. 
6, sec. 17; residence, art. 6, 
sec. 32; salary, art. 10, sec. 9, 
10; term, art. 6, sec. 18; art. 10, 
sec. 8; vacancies, art. 6, sec. 32. 

criminal courts, Cook county, 
art. 6, sec. 26. 

probate courts: duties, art. 6, 
sec. 32; election, art. 6, sec. 20; 
eligibility, art. 6, sec. 17; resi- 
dence, art. 6, sec. 32; term, art. 
6, sec. 20; vacancies, art. 6, 
sec. 32; 

superior courts, Cook county: 
duties, art. 6, sec. 32; election, 
art. 6, sec. 23; eligibility, art. 
6, sec. 17; powers, art. 6, sec. 
24; salary, art. 6, sec. 25; term, 
art. 6, see. 23; vacancies, art. 
6, sec. 32. 

supreme court: duties, art. 6, 
sec. 16, 32; election, art. 6, 
sec. 6; eligibility, art. 6, sec. 3; 
number, art. 6, sec. 2; residence, 
art. 6, sec. 32; salary, art. 6, 
sec. 7; term, art. 6, sec. 6; 
vacancies, art. 6, sec. 32; 

commissioned by governor, 
art. 6, sec. 29. 

removal, art. 6, sec. 30; re- 
ports, duty to make, art. 6, sec. 
31. See clerks, courts. 


Judicial department, art. 6. 


Judicial officers, see clerks, judges, 
justices of the peace and con- 
stables, state’s attorneys. 


Judicial powers, justices of the 
peace and constables. exercised 
‘by judicial department only, 
art. 3. See courts. 

Jurisdiction, see courts. 

Jury, civil cases of justices of the 
peace, art. 2, sec. 5; eminent 
domain, art. 2, sec. 13; art. 11, 
see. 14; rights of persons ac- 
‘cused of crime, art. 2, sec. 9; 
trial by, guaranteed, art. 2, sec. 
5. See grand jury. 

Justice, free and prompt, art. 2, 
sec. 19. 


Justices of the peace and con- 
stables, abolition of Chicago, 
art. 4, sec. 34; commissioned by 
governor, art. 6, sec. 29; 

Cook county: appointment, 
art. 6, sec. 28; limitation of 
jurisdiction, art. 4, sec. 34; re- 
moval from office, art. 6, sec. 
28; terms, art. 6, sec. 28; dis- 
tricts, election, art. 6, sec. 21; 
duties, art. 6, sec. 32; election, 
art. 6, sec. 21; judicial powers 
vested in, art. 6, sec. 1; juris- 
diction, uniformity, art. 6, sec. 
21; jury trials, art. 2, sec. 5; 
lucrative office, art. 4, sec. 3; 
removal from office, art. 6, sec. 
30; residence, art. 6, sec. 32; 
terms, art. 6, sec. 32; vacancies, 
art. 6, sec. 32. 


Language, see proceedings. 

Laws, see general assembly; 
special legislation. 

Legislation, see general assembly; 
special legislation. 

Legislative department, art. 4. 

Legislative power, see general 
assembly; exercised by legis- 
lative department only, art. 3. 

Libel, art. 2, sec. 4. 

Liberty, deprivation of, art. 2, 
sec. 2; preservation of, art. 2, 
sec. 20; secured, art. 2, sec. 1. 

Lieutenant governor, acts as gov- 
ernor, art. 5, sec. 17; duties, 
art. 5, sec. 1; election, art. 5, 
sec. 3; eligibility to other offi- 
ces, art. 5, sec. 5; qualifications, 
art. 5, sec. 5; report to gov- 
ernor, art. 5, sec. 20, 21; salary, 
art. 5, sec. 23; 

senate: president of, art. 5, 
sec. 18; voting in, art. 5, sec. 
18; 

term of office, art. 5, sec. 1; 
vacancy, art. 5, sec. 20. 

Life, deprivation of, art. 2, sec. 2; 
right to and protection of, art. 
2, sec. 1. 

Local improvements, see special 
assessments. 

Local legislation, see special legis- 
lation. 

Lotteries, art. 4, sec. 27. 

Lucrative office, see office. 


228 


Message, see governor. 

Mileage, see general assembly. 

Military, see civil power. 

Militia, art. 12; appointments in 
lucrative offices, art. 4, sec. 3; 
formation of, art. 12, sec. 2; 
members’ privileges, art, 12, sec. 
4; 

officers: commissioned by gov- 
ernor, art. 12, sec. 3; terms, art. 
12, sec. 3; 
preservation of records, ban- 

ners, relics, art. 12, sec. 5; 
prosecution of criminal offenses 
in, art. 2, sec. 8; service in, art. 
12, sec. I, 6. See governor, 
insurrection, soldiers. 

Mill tax, abolished, schedule ssc. 
23. 

Miners, protection of, art. 4, sec. 
29. 

Mines, duty of railroads, art. 13, 
sec. 5. See miners. 

Ministry, see religion. 

_ Minority representation, plan of, 
art. 4, sec. 7, 8. 

Misdemeanors, definition, art. 2, 
sec. 8; prosecution, art. 2, sec. 


Municipal corporations, officers: 
compensation, art. 9, sec. 11; 
disqualifications, art. 9, sec. 11. 
See aid, capital stock, corpora- 
tions, indebtedness. 

Municipal courts, see courts. 

Municipal subscriptions to private 
corporations, see capital stock. 

Navy, see militia. 

Notary public, lucrative office, art. 
4, sec, 3. 


Oath, civil officer, art. 5, sec. 25; 
members of general assembly, 
art. 4, sec. 5. See religion. 

Offenses, criminal: appeals, Cook 
county, art. 6, sec. 26; bail, art. 
2, sec. 7; effect of conviction, 
art. 2, sec. 11; art. 7, sec. 7; 
indictment, art. 2, sec..-8; jeop- 
ardy, art. 2, sec. 10; jury trial, 
art. 2, sec. 5, 9; penalties, art. 
2, sec. 11; rights of accused. 
art. 2, sec. 9, 10; trial, art. 2, 
sec. 9. 

Office, appointments to, art. 5, 

- sec. 10; defined, art. 5, sec. 24; 


disqualifications, art. | 
art. 9, sec. 11; non- 
art. 4, sec. 3; qualifications, 
4, sec. 3; art. 5. BEG. 5; Age 


8, Bee. 5: removal ‘from, art, 4 
sec. 24; art. 5, sec. 12, 15; art. 
6, sec. 9, 28, 30; term, ar 
sec. 28; vacancies, art. 4, sec. 2: 
art. 5, sec. 11, 20: art. ‘Si Be 
32; art. 14, sec. 1. 
Officers, see peer 


schools, board of coun: y 
missioners. 
Opinions, see religion. 


Pardons, power of governor, a at 
5, sec. 13. = 
Penalties, see offenses. 
Police magistrates, see jus 
the peace and constable 
Population, defined, art. 6, s 
Powers of government, di 
tion, art. 3; exercise, art. 
Preamble, page 108. : 


assembly, 
governor. : 
Privileges, general assembly 
4, sec. 14; militia, art. 12, 
special, art. 2, sec. 14 
4, sec. 22; voters, art. 7, 
Probate courts, see courts. ; 
Proceedings, executive, legislative, 
judicial, publication and er- 
vation of, schedule sec. 18. 
Process, art. 6, sec. 338. 
Property, due process of law, art. — 
2, sec. 2; eminent domain, art. 
2, sec. 13; art. 11, sec. 14; it 
jury, art. 2, sec. 19; municipal 
debts, art. 9, see. 10; protection 
of, art. 2, sec. 1; 
railroads: eminent dome 
art. 11, sec. 14; forfeiture, : 
11, sec. 15; movable, subject 


a ek i A 


INDEX 


execution, art. 11, sec. 10. See 
revenue. 

Prosecutions, carried on, art. 6, 
sec. 33; conclude, art. 6, sec. 33. 
See offenses. 

Protest, see general assembly. 


Qualifications, see office. 
Quorum, see general assembly. 


Railroads, coal banks and yards, 
art. 13, sec. 5; consolidation, art. 
11, sec. 11; organization, art. 
11, sec. 9; public highways, art. 
11, sec. 12; rolling stock sub- 
ject to execution, art. 11, sec. 
10; property subject to for- 
feiture, art. 11, sec. 15; 

rates: discrimination and ex- 
tortion, art. 11, sec. 15; trans- 
portation, art. 11, sec. 12; | 

report to auditor, art. 11, sec. 
9; registry of, stockholders, art. 
11, sec. 9; warehouses, duties, 


art. 13, sec. 5. See aid, capital 
stock, directors, eminent do- 
main, grain. 


Rates, see railroads. 

Real estate, see revenue. 

Rebellion, see insurrection. 

Recorder of deeds, see county offi- 
cers. 

Records, see militia, proceedings. 

Redemption, see revenue. 

Religion, denial of civil and 
political rights, art. 2, sec. 3; 
free exercise and enjoyment, 
art. 2, sec. 3; improper prac- 
tices, art. 2, sec. 3; licentious- 
mess, art. 2, sec. 3; oaths and 
affirmations, art. 2, sec. 3; pre 
ferences to religious denomina- 
tions, art. 2, sec. 3; sectarian 
institutions, art. 8, sec. 3; sup- 
port of ministry or place of 
worship, art. 2, sec. 3. 


“Remedy, see injuries. 


Removal from office, see office. 

Reporter of decisions, appoint- 
ment, art. 6, sec. 9; removal, 
art. 6, sec. 9. 

Reports, see attorney-general, au- 
ditor of public accounts, clerks, 
county officers, general assem- 
bly, judges, lieutenant governor, 


229 


railroads, secretary of state, 
state treasurer, superintendent 
of public instruction. 


Representatives, right of people 
to address, art. 2, sec. 17. 
Representatives, house of, see 


general assembly. 

Reprieves, see pardons. 

Reputation, see injuries. 

Residence, qualification for office, 
art. 4, sec. 3; art. 5, sec. 5; art. 
6, sec. 3, 17, 32; art. 7, see. 6; 
state officers at capital, art. 5, 
sec. 1; voters, art. 7, sec. 1, 4, 5. 

Revenue, art. 9; enumerated 
trades and occupations, art. 9, 
sec. 1; 

exemptions from taxation: 
general law, art. 9, sec. 3; 
property subject to, art. 9, sec. 
3; 

general power of general as- 
sembly, art. 9, sec. 2; general 
property tax, art. 9, sec. 1; 

. municipal taxation: power of 
corporate authorities for cor- 
porate purposes, art. 9, sec. 9, 
10; power of general assembly 
for corporate purposes, art. 9, 
sec. 10; counties, art. 9, sec. 8; 
general property tax, art. 9, 
sec. 9, 10; special assessments, 
art. 9, sec. 9; uniformity, art. 
9, sec. 9, 10; 

real estate, sale of, for non 
payment of taxes: procedure, 
art. 9, sec. 4; redemption, art. 
9, sec. 5; 

state taxation: commutation, 
art. 9, sec. 6; payment of taxes 
into state treasury, art. 9, sec. 
7; release, art. 9, sec. 6; 

uniformity, art. 9, sec. 1; 
valuation, art. 9, sec. 1. 

Revivification of laws, see gen- 
eral assembly. 

Roads and highways, control of 
cities, towns and villages, art. 
11, sec. 4; duty of general as- 
sembly, art. 4, sec. 30; rail- 
roads declared public highways, 
art. 11, sec. 12. 

Rolling stock, see railroads. 

Salaries, see fees and salaries. 

Schools, see education. 


230 


Seal of state, custody, art. 5, sec. 
22. 

Search warrants, affidavit, art. 2, 
sec. 6; probable cause, art. 2, 
sec. 6. 


Searches and seizures, unreason- 
able, art. 2, sec. 6. 


Secretary of state, custodian of 
seal of state, art. 5, sec. 22; 
duties, art. 5, sec. 1; election, 
art. 5, sec. 3; eligibility to other 
offices, art. 5, sec. 5; presiding 
officer of house of representa- 
tives, art. 4, sec. 9; report to 
governor, art. 5, sec. 20, 21; 
residence at capital, art. 5, sec. 
1; salary, art. 5, sec. 23; term 
of office, art. 5, sec. 1; vacancy, 
art. 5, sec. 20. 


Sectarian institutions, see aid. 

Seizures, see searches and Sei- 
zures, 

Senate, see general assembly. 

Senatorial districts, apportion- 
ment, art. 4, sec. 6; boundaries, 
art. 4, sec. 6; compact and con- 
tiguous territory, art. 4, sec. 6; 
required ratio of population, 
art. 4, sec. 6. 

Senators, see general assembly. 

Sessions, see general assembly, 
special session of the general 
assembly. 


Sheriff, see county officers. 


Soldiers, quartering of, art. 2, 
sec. 16; right to vote, art. 7, 
sec. 4, 5. See militia. 


Speaker of house, see general as- 
sembly, governor. 


Special assessments, cities, towns 
and villages, art. 9, sec. 9; 
drainage districts, art. 4, sec. 31. 


Special legislation, enumerated 
subjects, art. 4, sec. 22; exemp- 
tion from taxation, art. 9, sec. 
3; fees, county and township 
officers, art. 10, sec. 11, 12; local 
government of Chicago, art. 4, 
sec. 34; organization of corpor- 
ations, art. 11, sec. 1; township 
organization, art. 10, sec. 5. 

Special session of the general as- 
sembly, business of, art. 5, sec. 


ILLINOIS HISTORICAL COLLECTIONS 


8; power of governor to call, 
art. 5, sec. 8. 

Speech, freedom of: responsibility 
for, art. 2, sec. 4; secured, art. 
2, sec. 4; privileges of members 
of general assembly, art. 4, sec. 
14. See libel. ~ 

State, suits against, art. 4, sec. 26. 

State treasurer, duties, art. 5, 
sec. 1; election, art. 5, sec. 
3; reélection, art. 5, sec. 2; re- 
port to governor, art. 5, sec. 20, 
21; residence at capital, art. 5, 
sec. 1; salary, art. 5, sec. 23; 
security, additional, art. 5, sec. 
2; term of office, art. 5, sec. 2; 
vacancy, art. 5, sec. 20. 

State’s attorneys, Cook county, 
salary, art. 6, sec. 25; 

in general: commissioned by 
governor, art. 6, sec. 29; duties, 
art. 6, sec. 32; election, art: 6, 
sec. 22; removal, art. 6, sec. 30; 
residence, art. 6, sec. 32; terms, 
art. 6, sec. 22; vacancies, art. 6, 
sec. 32. 
Stockholders, see banks, railroads. 
Street railways, see corporations, 


Suffrage, conviction of infamous 
crime, art. 7, see. 7; soldiers, 
art. 7, sec. 4, bs= vote ay 
ballot, art. 7, sec. 2; 

voters: privileges, art. 7, see. 
3; qualifications, art. 7, sec. 1; 
residence, art. 7, sec. 4, 5. 

Superintendent of public instruc- 
tion, duties, art. 5, sec. 1; elec- 
tion, art. 5, sec. 3; eligibility to 
other offices, art. 5, sec. 5; re- 
port to governor, art. 5, sec. 
20, 21; residence at capital, art. 
5, sec. 1; salary, art. 5, sec. 23; 
term of office, art. 5, sec. 1; 
vacancy, art. 5, sec. 20. 

Supreme courts, see courts. 


Taxation, see revenue. 

Title of acts, see general assem- 
bly. 

Townships, see counties. 

Trial by jury, see jury. 


Uniformity, see courts, fees, 
justices of the peace and con- 
stables, taxation. 


art. 13, see. 2; duties of rail- 
ie accounts, roads, art. 13, sec. 5; fraudulent 
eral assembly, judges, _ Yeceipts, art. 13, sec. 6; right of 
: owners to examine stored prop- 
sec- erty, art. 13, sec. 3. 
Warrants, see appropriations, 
search warranis. 
Witnesses, rights of accused per- 
eC . sons, art. 2, sec. 9. 
of governor, art. 5, Worship, see religion. 
— : Writ of error, see appeals and 
writs of error. 
Wrongs, see injuries. 


es, art. 13; definition, Yeas and nays, see general as- 
sec. 5 ‘duties of owners, sembly. x 


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